Bihar House dissolution unconstitutional: SC

A five-judge Constitution Bench of the Supreme Court today declared that Bihar Governor Buta Singh's proclamation of May 23 dissolving the Bihar Assembly was unconstitutional. But the court did not restore the life of the Assembly, and allowed the elections to go on.

The common order of the five judges said after ascertaining the facts and circumstances, this was not seen as a case where the Assembly could be revived. This order is based on a majority opinion. The reasoned judgment will come later.

The court last month heard petitions moved by four legislators of the dissolved Bihar Assembly. The attorney-general and the solicitor-general argued the case for the government, while senior counsel Soli Sorabjee argued for the petitioners.

The government's law officers, apparently, took contradictory stands on the question of the release of the confidential letters sent by Buta Singh to President APJ Abdul Kalam. Ultimately, the correspondence was released.

The petitioners alleged that the papers showed mala fide intentions of the governor as the recommendation for the dissolution of the Assembly was not based on solid grounds.

The action was taken only to prevent Janata Dal (United) leader Nitish Kumar from forming a government with his National Democratic Alliance (NDA) partners.

The approval of the proclamation came from the President, when he was on a visit to Moscow, after a late night Cabinet meeting on May 22-23. This hasty decision was pointed out as mala fide, arbitrary and unprecedented.

In the February election, no party could secure 122 seats for a majority in the Assembly.

The governor, alleging horse-trading of legislators, first suspended the Assembly. Later President's Rule was imposed. Following two reports of the governor in April and May, the President dissolved the Assembly on May 23.