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Thursday, May 26, 2005

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National

Dissolution not illegal: Law Minister

J. Venkatesan

"There is no question of invoking Article 356 again" "The Supreme Court judgment in the "Bommai case" would not apply as no floor test was involved."

NEW DELHI: Union Law Minister H.R. Bhardwaj on Wednesday asserted that there was no illegality in the dissolution of the Bihar Legislature that had been kept under suspended animation from March 7.

Talking to reporters, Mr. Bhardwaj rejected the allegation of the National Democratic Alliance (NDA) leaders that the dissolution was illegal. He pointed out that the new House was duly notified and constituted after the declaration of Assembly election results in February. But a popular government could not be formed as no party or alliance staked claim to form the government.

The Minister said President's rule imposed in Bihar on March 7 and ratified by Parliament would be valid for six months. He said there was no question of invoking Article 356 of the Constitution again as alleged by the NDA leaders since the State was already under President's rule and no party was in power. Asked whether the dissolution of the House required to be ratified by Parliament once again, he said the Supreme Court judgment in the "Bommai case" would not apply here as no floor test was involved.

Asked about the urgency with which the Cabinet recommended the dissolution of the Legislature, Mr. Bhardwaj said there were two reports from the Bihar Governor on the malpractices and horse-trading that were being resorted to buy off MLAs. The Government could not have been a silent spectator to such kind of assault on the democracy, he said justifying the Cabinet's recommendation to the President.

"It is for EC to decide now"

He said it was now up to the Election Commission to take immediate steps for holding Assembly polls in Bihar. He said the Supreme Court in the "Gujarat Presidential reference" had made it clear that the Election Commission must take early steps for conducting the polls but the outer limit should not exceed six months from the date of dissolution.

He said that if elections were held soon and a new government was put in place before September 6, there was no need for extending President's rule for another six months. But, if for some reason, elections could not be held before September 6, then the government would bring an amendment to the President's proclamation seeking extension by modifying the words "... in suspended animation" as "dissolution of the House" and such extension should be ratified by Parliament.

Godhra cases

Asked about the Government's stand on the demands made by the CPI (M) and Railway Minister Lalu Prasad for a CBI probe into certain Godhra riots cases, he said a Group of Ministers (comprising Home, Personnel and Law Ministers) had been set up to look into the issue. He agreed that some aspects, in particular how much communal colour was added to the riots, needed a thorough probe. The GoM would also look into the allegations made by Gujarat Additional Director-General of Police R.B. Sreekumar on the role of the Narendra Modi Government in the escalation of the riots and targeting of Muslims in the aftermath of the Godhra train carnage.

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