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Thursday, March 4, 1999

Bihar: Why Govt isn't in any hurry

Neerja Chowdhury  
NEW DELHI, MARCH 3: The official version was that only seven minutes out of the two-and-a-half-hour Cabinet meeting this evening were kept for Bihar as indications are that the Government is in no hurry to get the proclamation ratified by the Rajya Sabha. Delay is the government's best bet in the given situation, though -- theoretically -- it has four options before it.

  • Revoke President's Rule: There are very few takers for this line, even though this demand has been made by the TDP and to a lesser extent by the Akali Dal. The problem for the BJP is not just one of losing face. The decision also involves the President who was given to understand by the Prime Minister that the Government would be able to muster the requisite strength in the Upper House. It was only after that K R Narayanan signed on the file.

  • Let it lapse: Very few in the government are for this course of action as it would make the government look very non-serious.

  • Let it go to the Rajya Sabha: Thedominant opinion in the party is for this line. Though the government will face defeat, the BJP is of the view that it will get another opportunity to expose the Congress's flip-flop and its ``anti-Dalit credentials.''

    The government will try and delay bringing the proclamation before the Upper House as much as it can. The proclamation lapses on April 12. Left to itself, the Government may even consider convening the Upper House around April 10, five days before it is due to reconvene after the recess starting March 18.

    It remains to be seen whether Laloo Yadav and Mulayam Singh Yadav, with help from the Congress, will allow Parliament to function if the Government continues to prevaricate.

    Delay suits the government. It gives the Governor an opportunity to dismantle the Laloo-Rabari administrative apparatus by transferring out the officers who were close to the first Yadav family of Bihar. Aware that Laloo may plump for early elections in the State after Rabri is reinstated, and this is now a foregoneconclusion, the BJP would like to make it difficult for him to use the administrative machinery to his advantage.

    Laloo may undo the transfers made within the State, once the RJD is back in the saddle but he will not be able to do much about officers transferred out of Bihar.

    The Samata can form an alternative government in Patna by weaning away a group from the RJD. The BJP, however, is not very hopeful. The number of MLAs who will need to break away is very large, their number being around 50.

    This was apparently the BJP's hope in the first place when it plumped for President's Rule in Bihar. Though George Fernandes convinced the BJP leaders that having taken the position that Jehanabad had robbed Rabri Devi of the right to rule, the Congress would have no choice but to support Central Rule in the State, the ruling alliance was also hopeful that without State power, many of Laloo's MLAs would desert him.

    In any case, the Samata needed to show its vote-bank in Bihar that it was serious about itsopposition to Laloo.

    The legal option being explored by the Government is also part of the delaying tactics, though coalition politics have created a piquant situation regarding Article 356. There are two opinions about its legal validity in the context of Bihar. But suppose there was a clearly justifiable case for President's Rule in some part of the country, it may not be possible for the Government to enforce it today because of the difficulty in getting it ratified by both houses of Parliament.

    The Government is thinking of a presidential reference to the Supreme Court for its ``clarifications'' after the apex court's verdict in the landmark Bommai judgment.

    Sources in the Government say that this has become necessary as there can be a situation in which a legally viable case for President's Rule can be turned down by Parliament and an apparently illegal decision upheld by both Houses.

    While some feel it may buy the government more time, others are not so sure. It could also backfire if the apexcourt decides to snub the government, compounding an already complicated situation for the government.

    The BJP may now make a virtue of a necessity by saying that it took the step in the first place in order to corner the Congress but it finds itself in not too happy a position.

    Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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