When Bihar's Assembly was dissolved before it could speak, Pg13

Key Highlights:

• In February 2005, the Bihar Assembly election resulted in a hung assembly with no party securing a clear majority.
• Governor Buta Singh recommended the dissolution of the Assembly based on alleged attempts at horse-trading.
• In May 2005, President A.P.J. Abdul Kalam, while in Moscow, approved the dissolution of the Bihar Assembly.
• The Supreme Court, in October 2005, declared the dissolution unconstitutional, emphasizing that a Governor cannot prevent a floor test based on apprehensions of horse-trading.
• In November 2005, Nitish Kumar became Chief Minister after the NDA won a clear majority in the re-election.

Detailed Insights:

• The February 2005 Bihar election produced a fractured mandate, with the RJD emerging as the single largest party but falling short of a majority.
• Governor Buta Singh's decision to dissolve the Assembly was influenced by reports suggesting that the JD(U)-BJP alliance was attempting to gain a majority through unethical means.
• The Union Cabinet's swift approval of the Governor's recommendation and President Kalam's assent from Moscow underscored the urgency and gravity of the situation.
• The Supreme Court's ruling established a crucial precedent, affirming the primacy of a floor test in determining the majority and limiting the Governor's discretionary powers.
• The subsequent election in November 2005 saw a significant shift in voter preference, leading to the NDA's victory and Nitish Kumar's appointment as Chief Minister.
• This event highlights the importance of adhering to constitutional norms and allowing the Assembly to determine its leadership through a floor test, rather than relying on subjective assessments of political maneuvering.
• The 2005 Bihar Assembly dissolution serves as a reminder of the delicate balance between the Governor's role and the democratic process in situations involving hung assemblies.

Key Concepts Involved:

• Hung Assembly: A legislative body where no single party or coalition has an absolute majority of seats.
• Floor Test: A vote in the legislative assembly to determine whether the government in power commands the confidence of the majority.
• President's Rule: The suspension of a state government and direct rule by the central government, typically invoked under Article 356 of the Constitution.