On SC Judgement on Bihar

Saturday, October 8, 2005

Press Statement

The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement:

                                                           On Bihar Judgement

The Bihar Assembly was dissolved in May 2005 after a period of three months when it was found that no party or combination of parties were in a position to form a government. The CPI(M) had called for early elections to elicit the popular mandate once again to resolve the deadlock. The Polit Bureau reiterates that this was the only democratic option available.

The Supreme Court has passed an interim judgement in which it has held the proclamation dissolving the Bihar Assembly unconstitutional while allowing the elections to be held as scheduled. The judgement has raised the wider question of having democratic norms regarding the role of the Governor and for the formation of an elected government and the necessity to modify Article 356 of the Constitution to check the arbitrariness in the discretionary powers of the Governor.