SC criticizes Buta Singh over Assembly dissolution
by Chandrika Jain

     New Delhi: In a stinging criticism of Bihar Governor Buta Singh, the Supreme Court on Tuesday declared his decision to recommend the dissolution of the Bihar Assembly in May 2005 as 'illegal' and 'unconstitutional'. The Court said the dissolution had led to the 'destruction of democratic principles', which was very unfortunate as the decision was to hand over the advantage to a 'particular party', which in this case was the Congress Party. Specifically criticizing the role of Buta Singh, the five-judge Constitutional bench of the apex court said: "There is a need for political debate on who should be the Governor. The Governor should be outside active politics and state." The court further went on to say that the issue of majority support should have been decided on the floor of the House, and added that the recommendations made by Buta Singh were based on 'assumptions and presumptions', which were a contributory factor in 'misleading the Union Council of Ministers'.

    The apex court also recommended that concerned parties refer to the Sarkaria Commission report to get a clearer picture on Centre-State relations. The majority judgment was approved by Chief Justice Y K Sabharwal, Justice B N Agarwal and Justice Ashok Bhan. The minority judgment was taken by Justice K G Balakrishnan and Justice Arijit Passayat. Reacting to the Supreme Court's judgement, the Congress Party said that it was in no way a reflection on the conduct of the party or the Central Government as far as the matter was concerned, but added that there was a possibility of Buta Singh being asked to step down as the Governor of Bihar.

    On the other hand, Bihar Chief Minister and National Democratic Alliance (NDA) leader in the state, Nitish Kumar, said that though he may have a personal opinion on the judgment, it would be against established moral and political practice to comment or react publicly on the issue as the chief minister of the state. "I do not want to comment on the issue publicly. It would not be right for me to comment as the Chief Minister (of Bihar). I am the Chief Minister and we have to respect the office of the Governor. It would not be morally right for me to say anything at this moment. My party or my alliance (NDA) may like to say something, they can do so," Kumar told reporters outside his office in Patna, the state capital. The Supreme Court had, on October 7, declared the dissolution of the Bihar State Assembly on May 23 as unconstitutional, but allowed elections to be held in the State. The Constitution Bench had then examined the malafide alleged against Governor Buta Singh in giving reports to the Centre, which led to the dissolution of the Assembly in May 2005. According to the Bench headed by Justice Sabharwal, despite the unconstitutionality of the proclamation, the facts and circumstances of the case at that time was not a case where the status quo ante could have been restored and the legislative assembly revived.

    Earlier, the Court had reserved its order over the petition filed by four MLAs of the dissolved Assembly - Rameshwar Prasad Chaurasia (Bharatiya Janata Party - BJP), Kishore Kumar Munna (Independent), Rampravesh Rai (Janata Dal United - JDU) and Dr Anil Kumar (breakaway Lok Janasakti Party - LJP). The petitioners had moved to the apex court accusing the United Progressive Alliance (UPA) Government at the Centre of subverting democratic norms at the behest of RJD chief Lalu Prasad Yadav to prevent JDU leader Nitish Kumar from seeking claim to form the government. The Union Cabinet had met on May 22 last year and sent a midnight recommendation for dissolution to President A P J Abdul Kalam who was in Moscow at that time.

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