Centre may handle law, order in Bihar
From Satish Misra
Tribune News Service

NEW DELHI, Sept 19 — The BJP-led coalition Government is seriously thinking of invoking Article 258-A of the Constitution instead of Article 356 for cutting down the Rabri Devi Government to size.

For this, the Bihar Governor, Mr Sunder Singh Bhandari, has been suitably advised to recommend to the Centre to take over the functions of maintaining the law and order situation in the state and powers of financial decisions under the Article 258- A of the Constitution.

While Mr Bhandari, who arrived in the Capital last night and met the Prime Minister, Mr Atal Behari Vajpayee, today, said the situation in the state "is ripe for imposition of central rule", the use of Article 258-A is being considered to blunt the Opposition criticism on use of Article 356.

Without using the much misused Article 356, the Centre would be able to achieve its objective, a senior BJP leader said. With the law and order, which is a state subject, coming either directly in the hands of the Centre or under an officer appointed by the Centre, the Vajpayee government would be able to kill two birds with one stone.

The Article 258-A says: "Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends."

Meanwhile, the Union Home Minister, Mr L.K. Advani’s remarks in Mumbai today that the central Government would study all aspects of the situation in Bihar and act at an appropriate time as per constitutional provisions with regard to the demand for dismissal of the Rabri Devi Government gave credence to the move regarding the use of Article 258-A.

The Home Minister said he had gathered from newspapers reports that the Bihar Governor would meet him in New Delhi tomorrow. "We will examine all aspects of the Bihar situation", Mr Advani said while declining to comment, when asked, if the Centre would invoke Article 356 to dismiss the Rashtriya Janata Dal government.

The use of Article 258-A has many advantages as invoking of this constitutional provision would not even require Parliament’s approval. Moreover, the BJP- led government would not have to face the dilemma of using Article 356. The RJD government would remain in place but without the powers of maintaining law and order.

This would also counter any criticism of the Vajpayee government which would boast that it did not use Article 356 for dismissing a popularly elected government. This would also not give any ammunition to the rival political parties in the coming Assembly elections.

This would also counter the latest move of the Rabri Devi government to seek a vote of confidence in the state Assembly. If for reasons, the RJD government succeeds in securing the vote of confidence, then also the Centre’s political purpose would be achieved as the functions of maintaining law and order would not remain with the State government.

The Assembly witnessed a sharp division along political lines over the Bihar Reorganisation Bill, 1998.

While the RJD and the CPM vehemently opposed the Bill, the BJP and the CPI and the JMM factions strongly pleaded for separation of the state.

The Congress was, however, divided on the subject with one section demanding creation of a separate state comprising 18 districts of Bihar in keeping with the hopes and aspirations of the people of the tribal region. The Bill was presented by Mrs Rabri Devi.

Meanwhile, the Bihar Governor said the law and order situation in the State was "serious". Mr Bhandari said there were various encounters as the law and order enforcement machinery was weak leading to alarming rise in crime.

Referring to the recent extremist attack on a police station in central Bihar where 16 police rifles were looted after killing two securitymen, Mr Bhandari said: "Such cases are recurring and scaring the common people, who feel there is no agency to protect them."

Regretting that the law and order situation was worsening, he said no major crime cases were being solved and even in the MLA murder case, only one arrest has been made so far and the case has not been handed over to the CBI.

On the demand made by several parties for dismissing the RJD government, Mr Bhandari said "that consideration is also with me and I will apprise the Centre of it".

To repeated queries if he would recommend imposition of President’s rule, Mr Bhandari said "when I do it, I will tell you" and maintained that his earlier reports were "recommendatory".

Rabri govt seeks trust vote

PATNA, Sept 19 (PTI) — In a surprise move, the Rabri Devi Government today moved a confidence motion midway through the discussion on the Vananchal Bill.

The confidence motion stunned all as it marked a departure from the one-point agenda of the House's special Session convened to discuss the Bill referred to the assembly by the President of its opinion.

The one-line motion moved by the Parliamentary Affairs Minister, Mr Upendra Prasad Verma, triggered off noisy protests leading to adjournment of the House by the Speaker Mr Deonarayan Yadav.

The assembly plunged into turmoil when Mr Verma read out the motion seeking confidence of the House. Protests were witnessed from the Opposition benches with the BJP, Samata, JMM (S) Janata Dal, CPI and the CPM members storming the well raising slogans.

The Leader of the Opposition, Mr Sushil Kumar Modi, slammed the government for what he termed as "unconstitutional step" saying since the House had been convened to deliberate on the Bihar Reorganisation Bill, no other issue could be discussed before its disposal.

He questioned the justifiability of the move saying the Governor had neither asked the government to prove its majority nor had any party demanded it.

Amidst the continuing furore, the minister said the government was duty bound to prove its majority as the JMM (S) and the JMM (M) had withdrawn support from it expressing anger over government's rejection of the Vananchal Bill.

Later, when the House assembled in the post lunch session, the Speaker announced that he had referred the matter to the business advisory committee (BAC) which would fix the date and time for discussion on the motion.

The announcement was preceded by sharp exchanges in the meeting of the BAC with the Leader of the Opposition questioning the propriety of moving the motion without a prior approval of the committee.

However, the Congress Legislature Party Leader, Mr Ramashray Prasad Singh, echoed the government's view that it was free to seek confidence vote as the Parliamentary Affairs Minister maintained since the motion was in order, suitable time and date be fixed for discussion and voting on it.

The JMM (S) leader in the House Mr Stephen Marandi, contended there was no need for such an exercise as his party, despite having withdrawn support, had not demanded that the government must prove its majority.

Meanwhile Mrs Rabri Devi said her government was yet to receive the letter from the Governor seeking explanation for dissolution of the Jharkhand Area Autonomous Council (JAAC).

"We are yet to receive any communication from Raj Bhavan in this regard", Mrs Rabri Devi told reporters here.

She said the letter, reportedly written yesterday by Mr Mithilesh Kumar Singh, Principal Secretary to the Governor to the Chief Secretary, Mr S.N. Biswas, had not yet been received by the latter's office.

"I have learnt about the letter only through newspapers," she said.

Voting on Monday

Voting on the motion will take place after conclusion of the two-day debate on the Vananchal Bill on Monday.

After the meeting of the business advisory committee of the House, the JMM (S) Legislature Party leader, Mr Stephen Marandi, placed a resolution for taking up the motion after the discussion, which was adopted by voice vote.