Our constitutional

A Governor8217;s 8220;fanciful assumptions8221; cannot, and should not, be basis for executive action. The Supreme Court8217;s condemnation of the role the Bihar governor played in the dissolution of the Bihar Assembly last May was as categorical as it was unambiguous. It found that Buta Singh8217;s actions, which had led to the dissolution of an assembly even before it had met, amounted to a subversion of the Constitution. After such a stinging rebuke, Buta Singh8217;s continuance as governor is plainly untenable, even if the man himself has brazenly indicated that he would take the salute on Republic Day.

Buta Singh should go, and go before he casts a shadow on the ceremonies of Republic Day. But if the UPA government thinks it can absolve itself of all responsibility for that unconstitutional dissolution, it had better think again. There was a reprimand 8212; mild though it may appear 8212; inherent in the court8217;s observation that the Union council of ministers should have verified the contents of the governor8217;s report before pushing for dissolution. In fact, the decision of the Union cabinet to rubber stamp the governor8217;s report and hustle President A.P.J. Abdul Kalam in Moscow into signing the proclamation of dissolution 8212; all in the course of one night 8212; will go down as one of the more cynical moments in Indian democracy. It came in a year which saw at least two other governors 8212; both of them appointed by the Manmohan Singh government 8212; acting in ways that blatantly favoured the ruling party, and in complete disregard of constitutional norms. There is then in the court8217;s observations more than sufficient reason for introspection and course correction. Prime Minister Manmohan Singh 8212; responding to the October apex court ruling in this case, terming the Bihar assembly dissolution as 8220;unconstitutional8221; 8212; had stated that he did not 8220;disown8221; his 8220;responsibility as prime minister8221;. We now want to know what his government plans to do in response to this judgment.

The country should be grateful to the S.R. Bommai versus the Union of India verdict, which had held that the dissolution of state assemblies can be subjected to judicial review. Otherwise the clear light of day may never have pierced the opaqueness of executive decision-making in instances like this. The judgment has also brought the gubernatorial institution once again under the scanner. The Supreme Court has suggested that a consensus cutting across party lines be evolved on the norms that should underlie the appointment of governors. We wholeheartedly endorse the suggestion.