Saturday, 7 February 2015

Bihar cabinet holds the aces, not Manjhi, legal experts say - Times of India

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NEW DELHI: In view of the unfurling constitutional crisis in Bihar, Constitutional experts say chief minister Jitan Ram Manjhi's recommendation to dissolve the assembly with majority of his cabinet ministers opposing the move is not binding on the Governor as it cannot be said to be a cabinet decision.

The experts are unanimous that the governor is not bound to accept a decision which is not backed by majority of cabinet members. They said the CM is not 'material' to such a situation and it is the decision of the cabinet which matters.


READ ALSO: Bihar in political turmoil, may be headed for early election


Former Attorney General Soli Sorabjee said, "Majority (of cabinet members) would prevail and recommendation sent by the CM cannot be said to be a cabinet decision."


Senior advocate Amarendra Sharan called the fluid situation in the state "a nightmare for any constitutional lawyer", but said, "The governor is not bound by any decision which is not supported by majority of cabinet members and he should not dissolve the house on the recommendation of the CM which is not supported by cabinet members."



Manjhi got the support of 7 ministers as he proposed the dissolution of the Bihar assembly at the Cabinet meeting while it was opposed by 21 pro-Nitish Kumar ministers.


Former law minister and senior advocate Shanti Bhushan also said the House cannot be dissolved in view of majority of Cabinet members opposing the move.


READ ALSO: CM Manjhi eyeing BJP deal to sail through floor test


The experts are also of the view that there is nothing wrong in JD(U) President Sharad Yadav calling a meeting of the legislature party if there is such provision in the party constitution.



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