RAO BIRINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution the petitioner, rao Birinder Singh, former Chief Minister of Haryana State, seeks a writ, order or direction quashing the President's Proclamation, Hated November 21, 1967, annexure 'a', on the ground that it is unconstitutional and illegal.

(2.) THE total number of members of the Haryana Legislative Assembly is 81. In the last General Election held in 1967, the members returned to the Assembly were 48 congress, 12 Jan Sangh, 3 Swatantra, 2 Republican Party and 16 Independents. So the Congress party had a majority and formed the Government with Mr. Bhagwat Dayal Sharma as the Chief Minister on March 10. 1967. The Congress party suffered a set back on March 17, 1967, when the official Congress nominee for the office of the Speaker was defeated on account of 12 Congress members, including the petitioner, voting against him, and in fact the petitoner was elected the Speaker. So 12 Congress members defected from that party. On March 22, 1967, the Congress Ministry resigned. The petitioner was elected leader of the haryana Samyukta Dal which mustered strength of 47 members whereupon on march 24, 1967, he formed a Ministry of the Haryana Samyukta Dal with himself as the Chief Minister.

(3.) THEREAFTER there were efforts to win over members on both sides and so defections followed, but the petitioner continued to command a majority. The governor of Haryana in his report, dated November 17, 1967, addressed to the president, newspaper copy Annexure 'b', after giving a brief narration of the circumstances in which defections continued from one party to the other, proceeds to say" the defections have become very frequent The opposition could never reconcile itself to its position as a responsible opposition. *** The government has also sought to maintain itself precariously in power by creating too many Ministers which is an abuse of its Constitutional powers. Such large numbers of Ministers and Parliamentary Secretaries numbering at one stage 23 out of the ruling party's strength of 41, and 22 now out of total strength of 40, cannot be justified on any grounds of administrative requirement. The position is even worse if it is remebered that the 10 Jan Sangh members in the Samyukta Dal have not accepted any office as Ministers, so that in reality, 22 out of the 30 remaining m. L. A. s are holding office. With all its good intentions, the Government cannot do much for the people because it is being kept preoccupied all the time with the problem of its very survival. Administration is paralysed. With such a thin majority, individual M. L. A. s are able to make extravagant demands, x x x It is bad enough that political support is being sought by offering Ministerial offices at the cost of the taxpayer, but what is worse is that individual members of the Legislature have realised their own importance. They can interfere in administration with impunity and make demands which, even if they are unreasonable, can hardly be resisted by the Chief Minister. With the best will in the world, the Chief Minister cannot refuse to oblige his partymen because of the constant threat of defections. Since the loyalty of its followers is so flexible, the exact majority of the ruling party is not of any consequence. (After referring to allegations about securing of support through corruption, bribery, political victimisation and distribution of offices, the report goes on to say.) While it is difficult to say how far these allegations are true, there are good reasons to believe that the defections are being secured by not too honourable means. Opportunist legislators, whose number is fairly large, can wield tremendous power by threats of transferring their loyalties. They can do, and are doing incalculabe damage by interfering in administration. Too frequent transfers at their instance is demoralishing the services. Since premature transfers cause a lot of inconvenience, junior officials often tend to succumb to such threats. In an Assembly with an effective strength of 79, some 30 members have defected one way or the other. Some members have defected not once but even three or four times. ***** ***** with such large-scale and frequent defections, it is impossible to find out whether the will or the majority in the Legislature does really represent the will of the people. * * * * ***** ***** i had hoped that the people would be tired of these defections and the epidemic of defection would cease and some stability reached. But it seems that in the present conditions of Har- yana politics, detection has become endemic ***** ***** the manner in which defections have taken place and are taking place, leaves no room for doubt that it is not tor any ideological reasons that members are defecting from one party to another. The motive is obviously to secure some personal gain. ***** ***** ***** now that so many members of the Legislature have tasted power and have seen that by threatening lo detect they can get what they want, it seems to me that no alternative stable Ministry can be formed. so long as there are such large number of members whose loyalties are so flexible. If the Assembly is convened and either the ruling party or the opposition can establish its majority, even then there will be no peace or stability in the present circumstances. Defections would continue and the majority on one day might be reduced to a minority the next day. What would be more unfortunate is that as soon as one party establishes its majority in a trial of strength in the Assembly, it would like to get the assembly prorogued. It could then continue in power at least for the next six months without being required to convene the Assembly- Even during the inter-session period, attempts would be made, as are now being made, to win over members from the rival group. Administration will continue to be paralysed since the Ministry will be kept busy only in maintaining itself in power. These defections, particularly the one by Mr. Hira Nand Arya, after remaining as a Minister for five days have made a mockery of the Constitution and have brought democracy to ridicule. Members of legislature are being seduced from one party to another by dubious means and the entire political life in the State has been polluted. I nave given the matter my utmost consideration and I am convinced that no alternative stable Ministry can be formed without holding a fresh election. It is my considered opinion that a situation has arisen in haryana in which stable Government cannot be carried on in accordance with the provisions of the Constitution. I, therefore, recommend that you will be pleased to take action under Article 356 of the Constitution, dissolve the State Assembly immediately, and assume to yourself all the functions of the Government of the State, ***** ***** what Haryana badly needs now is a clean and efficient administration. Fresh elections may be arranged, as soon as possible, after the administration has been toned up by a brief spell of the Presidential rule". The President accepted the report of the Governor of Haryana and on November 21, 1967, issued this Proclamation under Article 336 of the Constitution-"the following Proclamation by the President is published for general information. Whereas I, Zakir Hussain, President of India, have received a report from the Governor of the State of Haryana and after considering the report and other information received by me, I am satisfied that a situation has arisen in which the Government of that State cannot be carried on in accordance with the provisions of the Constitution of India (hereinafter referred to as 'the Constitution' ). Now, therefore, in exercise of the powers conferred by Article 356 of the constitution and all other powers enabling me in that behalf, I hereby proclaim that:-- I