Bihar heads towards constitutional crisis as Speaker refuses to quit, rejects no-trust vote

This comes a day before the two-day special session of the Bihar assembly commences on Wednesday. The RJD has described the dismissal of the ‘no confidence motion’ as unjustified.
Bihar Chief Minister Nitish Kumar with Deputy CM Tejashwi Yadav. (Photo | PTI)
Bihar Chief Minister Nitish Kumar with Deputy CM Tejashwi Yadav. (Photo | PTI)

PATNA: Bihar is set to witness a Constitutional crisis after the Speaker of the state assembly, Vijay Kumar Sinha on Tuesday dismissed the ‘no trust motion’ brought against him by MLAs of the ruling grand alliance led by RJD and JD-U in the state.

This comes a day before the two-day special session of the Bihar assembly commences on Wednesday. The RJD has described the dismissal of the ‘no confidence motion’ as unjustified and against norms.

However, Sinha said the ‘no trust motion’ against him is not in accordance with rules.

“Why should I resign? The ‘no confidence motion’ brought against me by 65 MLAs of the ruling grand alliance is based on false charges,” Sinha said to the media when asked about his resignation from the Speaker’s post. The BJP MLA from Lakhisarai said he would face the ‘no trust motion’ in the House.

"I view the no-confidence motion as springing from a lack of trust, not in me, but the Chair itself. The notice of the motion received at the Vidhan Sabha secretariat has done away with rules, regulations and parliamentary niceties," he read from a written statement before a posse of journalists.

"Bound by the Chair, I feel it is incumbent upon me to reject such a notice. Some baseless and personal allegations have been made in the notice against me. My style of functioning has been called undemocratic and dictatorial," he said.

The Speaker asserted that if he resigns, faced with those "baseless charges", it will not only hurt his self-respect but also be tantamount to remaining a "mute spectator to the assault on the parliamentary system".

"Thus, I will oppose the no-confidence motion and not resign. I will say what I have to say inside the House without any fear or conflict," said Sinha.

As per his penchant for poetry, he signed off with a verse in Hindi, a rough translation of which says: "Everything is at stake, but I cannot stop. I may be caused to break, but not bend".

The ruling dispensation, comprising Chief Minister Nitish Kumar's JD(U), RJD, Congress and the Left, was aghast.

"It would have been better had he resigned in deference to parliamentary norms. He will suffer an ignominious removal if he does not resign. Once members of the House have said they do not have trust in him, it makes no sense for him to dig in his heels," minister and JD(U) leader Vijay Kumar Chaudhary, who had preceded Sinha as the Speaker, told PTI.

The views were echoed by Maheshwar Hazari, a fellow JD(U) leader who is currently the Deputy Speaker, who said Sinha's "obstinacy" went against principles of morality and was most unfortunate.

"Neither the Speaker nor the Deputy Speaker can continue in the Chair once members express their lack of trust. The rejection of the notice makes no sense. Political power is all about numbers. The numbers are against him", said Hazari, who is expected to retain his job.

RJD spokesperson Shakti Yadav reacted to the development saying: "The Speaker indeed is undemocratic and dictatorial.

He seems to think he is above the Constitution".

"Sinha should not tie himself into knots but make a graceful exit," Congress spokesperson Rajesh Rathore said.

The Mahagathbandhan is understood to have agreed upon the name of veteran RJD leader Awadh Bihari Chaudhary as the new Speaker.

The upcoming session is also likely to witness the replacement of Acting Chairman of the Legislative Council Awadhesh Narain Singh, who is also from the BJP, with JD(U)'s Devesh Chandra Thakur.

The BJP, which stands stripped of power in the aftermath of the seismic political events in the state, is understood to have chosen former minister Samrat Chaudhary as the leader of the opposition in the Upper House.

The party is yet to decide the same for the Assembly though names of Sinha and former Deputy CM Tarkishore Prasad are doing the rounds.

Talking about the reason for his refusal to tender his resignation, Sinha said he had been accused of partisanship attitude, which he considers false.

“Resigning in such circumstances will certainly hurt my self-respect,” he said.

It has been almost two weeks since the ‘no trust motion’ was moved by the MLAs of the mahagathbandhan government. A notice was also served to the Speaker regarding the motion by the secretary of the assembly secretariat.

However, Sinha said he was occupying a constitutional post, he was bound to follow the norms associated with the office. “My priority will be to discharge my duty in accordance with the prescribed rules,” he added.

When asked about Sinha’s resignation, Bihar BJP chief Dr. Sanjay Jaiswal said it was his (Sinha’s) discretion.“It all depends on his decision,” he told this newspaper on Tuesday.

The RJD has demanded that Sinha should resign from the post as he has lost the confidence of the members of the House.

“Sinha should make an honourable exit. I fail to fathom why he is sticking to the Speaker’s post after the formation of a new government,” RJD leader Shakti Singh Yadav said.

On the other hand, Deputy Speaker Maheshwar Hajari said Sinha should have resigned from the Speaker’s post soon after the fall of the NDA government in the state.

Under such circumstances, the Deputy Speaker presides over the proceedings of the House.

Some lawmakers say if Sinha fails to resign from the post by Wednesday morning and decides to preside over the proceedings of the House during the two-day Special session beginning on August 24, a first-of-its-kind scene will be created in Bihar legislative assembly.

(With PTI Inputs)

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