In a landmark judgment, a five-judge Constitutional bench of the Supreme Court has held that the presidential order to dissolve the Bihar assembly earlier this year was unconstitutional. The latest injunction by the country’s apex court should be seen as restoring a semblance of balance against the excess created by the decision of the executive. The apex court in essence has upheld the supremacy of the constitution which in itself should be welcomed.
While ruling that the dissolution of the Bihar Assembly (on May 23, 2005) as illegal, it was within the jurisdiction of the court to restore the assembly in which case it would have been a bigger embarrassment for the UPA and the likes of RJD Chief Laloo and Governor Buta Singh. The court obviously felt that the ‘status quo ante’ could not be ordered as the electoral process had already been set in motion. Nevertheless, the precedent of the land mark ruling would hopefully be adhered to in future by the ruling dispensation both at the Centre and the State who more often than not, by their political machinations, always have an ingenuity of proving a wrong as right.
In the aftermath of the court decision, there is bound to be some finger pointing of who the real culprit ought to be. In this case though, it has to be ascertained on whether the former Congressman, Governor Buta Singh had misled the Centre (read as Prime Minister Manmohan Singh) that the worst type of horse-trading was taking place and thereby prompting the Union cabinet to recommend the House dissolution. In the end though, both Singh & Singh have been proved wrong by the highest court of the land.
One important issue that must be addressed herewith is the validity of the decision arrived at, first by the Governor and subsequently by the Prime Minister and whether it was based of any relevant material or was it a simple case of mala fide exercise of power? Buta Singh as the Governor could have acted more judiciously. His brief to the Centre to dissolve the Bihar Assembly appeared aimed at preventing the Bharatiya Janata Party (BJP) led alliance from forming a coalition government after Congress and its feuding allies failed to cobble a majority from an inconclusive vote. Both groups should have been given the opportunity at government formation. Further, the Sarakaria Commission, the Supreme Court in the Bommai case made the point that the question of support had to be decided only on the floor of the House and certainly not by sitting in judgment which has now proved to have been ill-conceived. The act of Buta Singh was definitely undemocratic, unconstitutional and partisan.
If only eminent and apolitical people known for their integrity, acumen and wisdom and those who have made a positive contribution to the country in any field, are appointed as Governors, then the controversy enmeshing this dignified office will not be there. Political parties must display a sense of political maturity and fairness to prevent the politicisation of this post. A Governor should be an asset, not a liability.
