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Bihar crisis: Legally speaking and the Bommai verdict
New Delhi, Feb 12: Nitish Kumar may have expected a smooth transfer in Bihar, but that was not to be. Jitan Ram Manjhi the man Nitish Kumar appointed as the Chief Minister decided to give him a tough fight.
For the JD(U), which has been doing everything to ensure that Nitish Kumar takes over as the CM, the decision by Manjhi to put up a fight may have been morally wrong.
However, speaking legally, Manjhi has every right to fight back and backing him is the landmark verdict of the Supreme Court in the S R Bommai case.
Governor cannot act in haste:
In the Bihar case, the governor has acted in the right direction by giving Manjhi a chance to prove his majority. Everything shall be decided on the floor of the house and not in the high command office of the party or at the Raj Bhavan, legal experts say.
While the governor has the right to delay any decision regarding a floor test, he, however, cannot wait indefinitely. The governor of Bihar was also right when he did not recommend dissolution of a house with elected representatives.
The law clearly states that he will have to give the parties a chance before he recommends dissolution of the house. However, it is at the discretion of the governor as to how many chances he would like to give. It is only when all options are run out will the governor recommend dissolution of the house paving the way for fresh elections.
What is Manjhi cannot prove majority:
If
Manjhi
fails
to
pass
the
floor
test,
then
the
governor
will
have
to
invite
the
party
with
the
largest
number
of
MLAs
to
form
the
government.
If
Manjhi
does
not
prove
his
majority
on
the
floor
of
the
house,
then
the
governor
can
either
recommend
dissolution
of
the
house
or
give
a
chance
the
largest
party.
In
such
cases,
the
governor
normally
gives
a
chance
instead
of
taking
a
decision
to
dissolve
the
house.
The term of the government would also matter in such cases. If the term is for a longer period then the governor would make every attempt to ensure that there is a government in place until the next date of elections.
The Bihar scenario is a good case for the governor to consider having a government in place since there is almost a year remaining for the term to complete.
The S R Bommai case:
The S R Bommai case ensured that sanity returned to politics. Normally governor appointed by the centre acted at the whims and fancies of their masters and dismissed governments at will.
The
judgment,
delivered
by
the
Supreme
Court
on
May
11,
1994,
defined
the
use
of
Article
356
and
imposition
of
President's
rule.
When
the
then
Congress
government
at
the
Centre
dismissed
the
S
R
Bommai
government
in
Karnataka
in
1989,
Bommai
challenged
the
dismissal.
The Supreme Court held that a state government could be dismissed only under extenuating circumstances, and laid down guidelines for such a dismissal.
The Bench of the Supreme Court observed, " the Governor should have found out whether there was any possibility of a formation of a government before taking such a hasty decision. He should have waited at least two more months before making such a drastic recommendation. "
"Let us not forget that this is a democracy and such decisions of importance should be made only when there is a breakdown of the state's machinery."
OneIndia News
