Politics in Bihar has taken a curious turn with the JDU expelling Chief Minister Jeetan Ram Manjhi from the party while the resurgent leader has dug in his heels. He has refused to throw towel as easily as the Nitish-Sharad-Lalu axis would have thought.
This is perhaps the only instance of a Chief Minister being expelled for refusing to step down despite clear instruction of the party. The Speaker has accepted Nitish Kumar as the floor leader of the JDU, which is the ruling party and Nitish camp has claimed support of more number than required for majority. So, Manjhi can technically be rejected as an eligible member of the Bihar Assembly by the Speaker and hence loses the ground to remain as the chief minister of the state.
But, constitutionally, Manjhi is still the chief minister. The Constitution does not recognize party as the basis of executive/government or even legislature for that matter. Elections are fought along party lines in accordance with the Representation of the People's Act and conducted by the Election Commission but that is the end of statutory role of party in the Constitutional scheme of governance in India.
So, clearly here surfaces a dichotomy vis a vis the political scenario of Bihar. The Speaker would not recognize the Chief Minister, who may be recognized by the Governor because the person holding the office of the Chief Minister has not quit. The Chief Minister can be removed only through a floor test if he is not quitting on his own. This also means the political ball of Bihar is in the court of Governor, Kesari Nath Tripathi who, obviously is not an institution only but a political persona as well.
The options before the Governor are here as under:
1. Ask Manjhi to go for a floor test
2. Dissolve the assembly on the recommendation of Manjhi on the back of having been authorized by his cabinet or the majority of his cabinet to do so; but if the Governor has doubts about Manjhi enjoying confidence of majority, he may not act on the recommendation of Manjhi
3. Appoint Nitish Kumar, who has staked claim to form a new government, but the Governor can only do so after Manjhi fails to prove majority in the floor test
4. Impose President's Rule and dissolve the assembly
5. Impose President's Rule and keep the assembly in suspended animation as its tenure still has some 8-9 months left.
Here the Governor can play the role of a king maker. But, his role would largely depend on the mood of the central leadership of the BJP. The BJP leadership would be in a catch-22 situation. It can not go with Manjhi so easily because the BJP can not trust him for next 8-9 months. The BJP can not either favour imposing President's Rule because that would give Nitish some sympathy. It cannot support suspended animation state of assembly for it is, in all probability, about to witness the folly of the approach in Delhi. So, more than Nitish and Manjhi, the Bihar politics seems to be a litmus test the political acumen of the BJP.
This is perhaps the only instance of a Chief Minister being expelled for refusing to step down despite clear instruction of the party. The Speaker has accepted Nitish Kumar as the floor leader of the JDU, which is the ruling party and Nitish camp has claimed support of more number than required for majority. So, Manjhi can technically be rejected as an eligible member of the Bihar Assembly by the Speaker and hence loses the ground to remain as the chief minister of the state.
But, constitutionally, Manjhi is still the chief minister. The Constitution does not recognize party as the basis of executive/government or even legislature for that matter. Elections are fought along party lines in accordance with the Representation of the People's Act and conducted by the Election Commission but that is the end of statutory role of party in the Constitutional scheme of governance in India.
So, clearly here surfaces a dichotomy vis a vis the political scenario of Bihar. The Speaker would not recognize the Chief Minister, who may be recognized by the Governor because the person holding the office of the Chief Minister has not quit. The Chief Minister can be removed only through a floor test if he is not quitting on his own. This also means the political ball of Bihar is in the court of Governor, Kesari Nath Tripathi who, obviously is not an institution only but a political persona as well.
The options before the Governor are here as under:
1. Ask Manjhi to go for a floor test
2. Dissolve the assembly on the recommendation of Manjhi on the back of having been authorized by his cabinet or the majority of his cabinet to do so; but if the Governor has doubts about Manjhi enjoying confidence of majority, he may not act on the recommendation of Manjhi
3. Appoint Nitish Kumar, who has staked claim to form a new government, but the Governor can only do so after Manjhi fails to prove majority in the floor test
4. Impose President's Rule and dissolve the assembly
5. Impose President's Rule and keep the assembly in suspended animation as its tenure still has some 8-9 months left.
Here the Governor can play the role of a king maker. But, his role would largely depend on the mood of the central leadership of the BJP. The BJP leadership would be in a catch-22 situation. It can not go with Manjhi so easily because the BJP can not trust him for next 8-9 months. The BJP can not either favour imposing President's Rule because that would give Nitish some sympathy. It cannot support suspended animation state of assembly for it is, in all probability, about to witness the folly of the approach in Delhi. So, more than Nitish and Manjhi, the Bihar politics seems to be a litmus test the political acumen of the BJP.
