Opinion - Editorials   

No more brazening it out

The public perception of partisanship and unfairness of Bihar Governor Buta Singh in recommending the dissolution of the Bihar Assembly has only been confirmed by the Supreme Court's elaboration of the reasons why it earlier held the act unconstitutional. According to the majority decision of Chief Justice Y.K. Sabharwal and two of his colleagues, Mr. Singh's action "to forestall the formation of a new government by another political party" was a mala fide exercise of power. His reasoning that some legislators were being induced with offers of money and other allurements would seem to be just his own opinion and perception without any material to substantiate them. Such matters under Article 356 of the Constitution could not be decided on a mere perception. The way the Governor misled the Union Council of Ministers was "destructive of the democratic system." His action was "drastic and extreme" and the "Court could not remain a silent spectator to such subversion of the Constitution." The Union Council of Ministers gets off relatively lightly, with the majority decision noting it should have exercised caution and not acted without verifying the contents of the two reports sent by the Governor. The decision without any material was clearly unconstitutional but as the election process had been set in motion before the arguments in the case could be concluded, the Court did not order the status quo ante and revive the dissolved Assembly.

Rarely has there been a stronger indictment of a constitutional functionary and it will be impossible for either Governor Singh or the Union Government to brazen it out any longer. He should never have been Governor in the first place but after the Supreme Court's order holding the dissolution of the Assembly unconstitutional, his position became wholly untenable. The United Progressive Alliance Government must do the proper thing on its own and without delay, rather than react after being forced into a corner. Not just the Bharatiya Janata Party but supporting parties, including the CPI(M) and the CPI, have demanded Mr. Singh's resignation. If as initial indications suggest he is not in a mood to resign, dismissal will be entirely in order. Quite apart from the severe indictment of Mr. Singh, the decision limits the scope for arbitrary action by the Governor and the Union Government in the matter of dissolving legislatures. It thus opens up new space for political and democratic functioning. An apex court empowered by the landmark Bommai judgment has been able to examine the material on which the Governor's decision was based and found that there was no material at all to support his perception that money was being offered to legislators. When political parties are realigning, there are invariably allegations of horse-trading. Still, without specific material to support the allegations, the Governor or the Union Government cannot anymore go by perceptions and dissolve the Assembly in what is usually proclaimed to be a cleansing mission. At a different level, Bihar is an object lesson on the dangers of appointing political hatchet men to high offices that call for fairness and adherence to constitutional values.

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