New Delhi, October 7
Even though the Supreme Court’s interim order by a majority opinion has declared as “unconstitutional” the dissolution of the Bihar Legislative Assembly through a proclamation earlier this year on May 23, the Manmohan Singh government is expected to take a final view only after the five-judge constitutional bench gives the “detailed reasons later”.
Even though the brief order of the apex court has not come as a surprise, it is widely believed that the continuance of Bihar Governor Buta Singh hangs in balance even though Congress-led UPA government at the Centre cannot absolve itself of its responsibility of imposing President’s rule in the state and dissolving the Assembly.
The UPA government has had to face embarrassing situations with the action of constitutional heads in Goa, Jharkhand and now Bihar. That has inexorably thrown up several questions of appointing political figures owing allegiance to the government of the day on the Raisina Hill to gubernatorial offices.
Despite the Congress putting up a brave front that there is no threat to the Manmohan Singh government, the Opposition has launched a frontal attack, accusing the UPA government of subverting the Constitution and trying to murder democracy in Bihar. Notwithstanding the bravado, the Congress as the single largest entity in the UPA once again finds itself pushed to a corner.
The initial order of the Supreme Court has raised questions afresh about the conduct of constitutional heads in the discharge of their duties and responsibilities and the government taking decisions on the report of a Governor allegedly tainted by malafides. The division in the Constitution bench in this matter of dissolving the Bihar Assembly is also all too evident. The apex court has, however, allowed the completion of the four-phase democratic process beginning on October 18 in the state.
Eminent jurist and former Attorney-General Soli Sorabjee observed that the Supreme Court’s interim order is a blow to the “arbitrary action” of the midnight dissolution. “Let us hope there will not be any midnight dissolution in haste.” Mr Sorabjee, who argued the case against the dissolution of the Bihar Assembly, noted that the proclamation to dissolve the Assembly was based exclusively on the Governor’s report, which was tainted with malafides.
Mr Sorabjee maintained that the apex court order was a vindication of constitutionalism, democracy and federalism.
Questions are also being raised whether it was necessary for President A.P.J. Abdul Kalam to sign the proclamation well past midnight while on an official visit to Moscow. Impartial observers here believe that the President need not have rushed into matters and waited a while.
The UPA and especially the RJD leaders acknowledge that the Supreme Court’s interim order has put a spanner in their works in the coming Bihar elections.
The NDA and particularly the JD (U) with former Union Minister Nitish Kumar being projected as the chief ministerial candidate are expectedly on a high that their allegations against Governor Buta Singh of giving a goby to the constitutional provisions has been vindicated by the order of the Supreme Court.
That the UPA has suffered a severe
