NEW DELHI, 8 October 2005 — The Supreme Court yesterday declared the dissolution of the Bihar Assembly in May as unconstitutional. However, the court ruled out the possibility of its revival and assembly elections beginning later this month will be held as scheduled.
Delivering the verdict, a five-judge constitution bench, headed by Justice Y.K. Sabharwal, said: “The proclamation of 23rd May dissolving the assembly is unconstitutional. Despite the unconstitutionality of the proclamation the facts and circumstances of the case at present is not a case where the status quo ante can be restored and the legislative assembly revived,” the bench said.
The Supreme Court ruled on Bihar Gov. Buta Singh’s report recommending dissolution of the state assembly. The dissolution was challenged by four legislators, three of them from the National Democratic Alliance (NDA).
Buta Singh recommended the dissolution of the house in a letter to President A.P.J. Abdul Kalam on May 21. The decision to dissolve the assembly was taken at a Cabinet meeting on the night of May 22 and was brought into effect after Kalam, who was in Moscow then, accepted the recommendation.
Home Minister Shivraj Patil refused to say whether Buta Singh would be recalled after the verdict. “These momentous decisions are taken after due consideration of all aspects. We would not like to say anything against any individual or the judiciary at this stage,” Patil said.
On whether the verdict was a setback for the ruling Congress party, Patil pointed to the court contention that the upcoming Bihar elections should go ahead, and said: “The judgment is before us... It depends from which angle you look at it.”
With their anti-Buta Singh campaign getting an apparent boost from the court judgment, NDA members, led by Bharatiya Janata Party (BJP) President Lal Krishna Advani are planning to meet President Kalam on Monday. They will press their demand for the recall of Buta Singh, arguing that the move is essential for fair elections in the state, BJP Vice President Mukhtar Abbas Naqvi said.
NDA members are in no mood to spare the prime minister either. Holding him responsible for having approved the governor’s report for Bihar assembly’s dissolution, BJP general secretary Arun Jaitley said: “We should not forget that the midnight Cabinet meeting on May 23 was presided over by Prime Minister Manmohan Singh.”
Along the same line, NDA Convener George Fernandes said: “Since the decision was endorsed by the Cabinet, the prime minister should pay the price for it.”
Fernandes would have welcomed revival of the original assembly as fresh elections “cost a lot of money for candidates.” “(But) the judges, in their wisdom, have taken a decision and we accept it,” he said.
Nitish Kumar, NDA’s chief ministerial candidate for Bihar, demanded the resignation of Manmohan and recall of the state governor.
Welcoming the court’s decision to let the forthcoming elections run as planned, Railway Minister and Rashtriya Janata Dal chief Lalu Prasad said in Sikandra, where he was campaigning: “It is our victory as the court has not ordered the revival of the dissolved assembly and said elections will be held as per schedule.”
“I will not say anything about the role of the governor in the episode,” he said.
Lalu expressed confidence about his party returning to power in Bihar with a huge majority.
Gov. Singh refused to comment on verdict.
Speaking on the sidelines of the party’s conclave of chief ministers in Chandigarh, Congress General Secretary Ambika Soni said: “Without reading the detailed judgment we would not like to make any comments.”
