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Bihar dissolution: Buta must go, says Nariman

The senior lawyer said that President and Council of Ministers had to bear moral responsibility for the decision.

india Updated: Jan 25, 2006 17:55 IST

Holding that the majority judgement on the imposition of President's rule in Bihar is "binding", noted constitutional lawyer Fali Nariman has said Governor Buta Singh "must go" and the government must "bear moral responsibility".

He criticised the majority judgement of the Supreme Court for failing to hold either the Council of Ministers or the President responsible for the dissolution.

"Under Constitutional law, it is the majority decision that is binding, and according to the majority judgement, I believe, the Governor must go," he said.

Speaking to a private television channel on Tuesday, the senior lawyer also said that both the President and the union Council of Ministers had to bear moral responsibility for the decision to dissolve the Bihar assembly.

"The Council of Ministers definitely had the moral responsibility to have vetted the report of the Governor and ought not to have been so precipitate in the decision and in the communication of that decision overnight to Moscow."

Referring to the duty of the President in the matter, he said "the Court said nothing about the provision to Article 74 (of the Constitution), that the President always has the right, unlike the Governor, to send back a recommendation of the Council of Ministers," adding "I am afraid the President also has a moral responsibility to bear".

First Published: Jan 25, 2006 17:55 IST