Is this still a precondition?
My stand has been endorsed by the high court. If I call anyone purely on the basis of being the single largest party, I will be a party to violating the provisions of the 10th Schedule. And I could be hauled up for that.
The high court has termed your action 'unconstitutional'?
Fine. The matter is now before the Supreme Court and the constitutionality and other aspects will be determined by it. But Justice B.M. Lal has observed that Kalyan Singh failed to convince me that he would be able to secure the confidence of the House by proving his majority. He only contended that he be appointed chief minister. Which, indeed, if accepted would be violative of the provisions of Schedule 10 of the Constitution where horse-trading is prohibited. Also, the second judge, Brijesh Kumar, pointed out that the governor had been fair in exercising his discretion. Therefore, my decision not to invite Kalyan Singh has been squarely upheld by the high court. Their main objection is that the advice of the Assembly under Article 175 was not sought.
Why didn't you resort to that course?
First, there was a time element. President's rule ended on October 17. It was only on the October 16 that the claim was made, which I had to turn down. And it was only on October 17 that the Election Commission issued the notification. Even if I had to consult the assembly, it would have taken at least 15 days. For those 15 days you couldn't have a vacuum, therefore reimposition of President's rule would have become inevitable. Even if the consultation had to be held later, there have to be provisions in the Constitution. But legal opinion, which I sought informally, was very categorical that this would be unconstitutional. So, I had thought of this option also.
So, you won't call any party until the Supreme Court decides on it?
If some parties reach an understanding and say they will form a coalition government, and present 211 MLAs, I have no problems. I actually want a popular government to be installed and be relieved of the responsibility.
Why is it that controversies never leave you?
It is all in the hands of God. It's the irony of fate that I always face problems which have never come up before; naturally they become controversial.
You seem quite unfazed?
I have always been unfazed. When you are doing the right thing, why should you be fazed? I happen to come from the part of the country which has always faced challenges. We have faced challenges from invaders over the centuries.
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