PRESS RELEASES
June
10, 2005
| NDA Memorandum to the President of India on Bihar 10th June, 2005
We, constituting the majority of the members of the Legislative Assembly of Bihar, which was dissolved on the 23rd May, 2005 seek your kind indulgence to protest against the imposition of President's Rule in Bihar and the dissolution of the Assembly. Elections are held to elect the popular Governments and not to avoid their constitution. Unfortunately, the results of the Bihar Vidhan Sabha, which were notified on 4th March, 2005, threw a hung assembly. Even in a hung assembly efforts are to be made to enable political process to attempt polarization of political forces so that elections can be avoided and a popular government is installed. The Union Home Minister Shri Shiv Raj Patil had categorically assured the country in his speech in the Rajya Sabha that the Government was unhappy with initial imposition of President's Rule and he wanted the political parties and MLAs to talk each other and facilitate installation of popular Government. On the 9th April, 2005 all independent MLAs numbering 17 supported installation of NDA government led by Shri Nitish Kumar. The NDA had strength of 92 legislatures in the assembly. This took the NDA to a total support of 109. The NDA required 122 legislatures to form the Government. Meanwhile two legislatures of BSP, others belonging to Samajwadi Party and the Nationalist Congress party, also announced support to Shri Nitish Kumar led Government. This enabled the NDA to enjoy the support of 115 legislatures. Around 19th May, 2005 ideological contradictions emerged in the Lok Janshakti Party which had a strength of 29 MLAs. About 22 MLAs of the LJP decided to break away from the party and merge with the Janata Dal (United). This decision arose primarily on account of dissatisfaction in the party since the party had contested the election on anti-RJD plank. Its leader Shri Ram Vilas Paswan was preventing the formation of anti-RJD Government. The Governor Shri Buta Singh started making political comments, which had a distinct political bias. He announced that he would not allow formation of the popular Government. A merger by 2/3rd legislatures is constitutionally permitted. Even one half legislatures of the political party can decide, by majority, the political direction that a party will take. This is a legislative activity. A merger is not a split. Constitutionally permitted merger is not "horse trading". The Governor later admitted that he had no evidence of horse-trading. Indeed there was no horse-trading and not a shred of credible evidence has been furnished till date. It is also the fact that on the morning of 23rd May, 2005 Shri Nitish Kumar was to present his claim for forming the Government to the Governor. This had already been informed to the media. Electronic media channels on the evening of 22nd May 2005 were carrying this news in detail. The support to Shri Nitish Kumar led NDA had now exceeded 135 legislatures. It was in these circumstances that the Governor submitted a Political Report to the Centre. The Union Cabinet met at Mid-night and its decision to dissolve assembly got through your ratification also. Sir, you are the custodian for the protection of the Constitution. This is an attempt to form a Government through repolarisation of political forces, facilitated by merger of political parties. It is not a case at all that "governance could not be carried on in accordance with the provisions of Constitution"? Sir, we say with respect that your ratification of Union Cabinet proposal has been subjected to repeated critical comments by eminent constitutional experts of the country. We constitute the majority in the dissolved house; have been constrained to march before the Rashtrapati Bhawan to re-affirm how unconstitutional the action of this government is. There is intolerance to prevent the act of opposition parties. There is an unconstitutionality writ large in this action. It is now for you Sir, to ensure how the unconstitutionality can be undone. We fully trust your overpowering sense of justice and fair play. ******* |
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