BiharWatch-Journal of Justice, Jurisprudence and Law is an initiative of Jurists Association (JA), East India Research Council (EIRC), Centre for Economic Philosophy, History and Justice (CEPHJ) and MediaVigil. It publishes research on diverse notions of justice and the performance of just and unjust formal and informal anthropocentric institutions and their design crisis with reference to the first principle. Editor:mediavigil@yahoo.co.in
Monday, September 14, 2009
Diverse Colours of Bihar by-elections
On September 15, Assembly by-elections will be held for the Bagaha (SC), Nautan, Begusarai, Tribeniganj, Simri–Bakhtiarpur, Araria, Dhuraiya (SC), Munger, Phulwari (SC), Ghosi and Bodh Gaya (SC) seats.
Of the 15 candidates facing murder and attempt to murder cases in all, 13 are contesting from Bihar alone.
In fact, the highest number of candidates with criminal background - 7 — is in the fray from Begusarai in Bihar followed by six such candidates in Nautan, also in Bihar.
Congress is going it alone in the assembly by-elections to 18 seats in Bihar keeping an equidistant from both RJD-LJP alliance and the NDA. Congress is attempting to revive itself in Bihar under the tutelage of Jagdish Tytler and Sachin Pilot.
Congress has lined up several national leaders for campaigning in the 18 seats in two phases - on September 10 and 15.
While Lalu Prasad-led RJD is contesting 13 seats, Ramvilas Paswan's LJP has fielded nominees on five seats in the state.
Bihar Chief Minister Nitish Kumar has accused the Congress ministers at the Centre of misusing official position for political purposes. "The ministers are misusing official position for the sake of politics," he said.
Referring to Union Rural Development Minister C P Joshi's charge that the state failed to utilise Rs 8,000 crore fund allocated by the Centre under various development schemes, Nitish said, "I have no complaint against Joshi...But political platform should not be used for the purpose of electoral politics...It is improper to use official position at the time of elections.
This war of words between a minority government led by Congress at the Centre and a majority government in the state reveals the nature of mandate which is generally not discussed these days.
Nitish Kumar’s decision not to field the kin of elected party MPs in the bypolls is being appreciated by the rank and file of the JD(U). This has upset at least one of the newly-elected JD(U) MPs from Gopalganj (SC), Purnamasi Ram, who has fielded his son Ajay Kumar Ram on the RJD symbol from Bagaha (SC). The Bagaha seat was earlier represented by Purnamasi Ram, who on being elected from the Gopalganj (SC) Lok Sabha constituency, relinquished his Assembly seat.
State Congress president Anil Kumar Sharma has criticized JD(U)'s General Secretary, Shivanand Tiwari for holding the Congress responsible for the bifurcation of Bihar. He said that it was the BJP and power-hungry leaders of the RJD who were responsible for it. He said that the RJD had joined hands with the JMM because it ran a minority government in Bihar and it was instrumental in passing a resolution by the Bihar assembly recommending creation of Jharkhand.
Political parties have fielded several tainted candidates for the assembly by-elections in Bihar. Analysis of the data gathered for a National Election Watch study shows that Bihar also leads others in the final tally, with 36 per cent (45 out of 123) of its candidates for the September 10 and 15 assembly byelections facing criminal charges.
The study of the affidavits of 202 of the 329 contestants in the fray in all states has revealed 64 candidates with self-declared criminal cases pending against them.
Indian National Congress has given maximum tickets to tainted candidates for the coming byelections. Of its 31 contestants, 13 (42 per cent) are facing criminal charges. Lalu Prasad Yadav’s RJD comes a close second, having given tickets to 9 tainted persons out of 12 it had fielded.
BJP and JDU have fielded five tainted candidates each, making up 29.41 per cent and 45.45 per cent of the total.
On the front of fielding candidates with serious criminal charges, Congress leads the pack with six, followed by RJD and JDU at 4 each; CPI at 3, NCP, Lok Janshakti Party and CPM at two each.
Earlier, Hulas Pandey, younger brother of JD (U) suspended MLA and strong man Sunil Pandey, surrendered to the Patna police on 24 July, 2009 on the Bihar legislature premises soon after he took his oath.
A team of policemen was already deputed there to arrest him. Soon after courting arrest, in a reply to a question by the media that whom he considered his leader, he said it was known to every one ‘who was my leader.’ Hulas has been wanted in dozens of criminal cases including murder and kidnapping for ransom.
His name figured in a murder related case in 2003 in which he was made prime accused and the police believed Sunil as a conspirator along with him in the case.
Soon after he came out of the House, police took him in custody and produced him before the court concerned which remanded him to judicial custody.
Hulas is a named accused in the kidnapping of Patna-based neurosurgeon Ramesh Chandra in 2004 and for kidnapping a doctor from Muzaffarpur in north Bihar.
Hulas has become a member of the state legislative council after winning the recently concluded council polls. He is an Independent member. He defeated JDU's official candidate Bisheshar Ojha (a close relative of Munni Devi Ojha, Shahpur's BJP MLA)in the fray. It has been speculated that this BJP MLA supported the candidature of Hulas Pandey.
Sunday, June 7, 2009
Bihar preparing for October 2010 Assembly elections
The 42 months rule of JDU led government appears uneasy in its relationship but it needs the 55 MLAs to keep his government afloat. With another 18 months left in its five year tenure, the government has approved a Rs 815 crore ambitious project for Mahadalits (a separate category for 18 sub-castes of dalits). The steps taken for empowerment of extremely backward castes (EBCs), Mahadalits and minorities benefited Nitish led government in the Lok Sabha elections.
His focus on Pansmanda Musalaman (i.e. backward Muslim community) is also quite strategic in dividing the Muslim vote banks like he has divided Dalits and Hindus. Reopening of Bhagalpur riots also is aimed at the same.
He has got Ali anwar and Dr Ezaj Ali sent to Rajya sabha as well as a crucial signal to the Muslim community.
Nitish Kumar is seeking special category status for Bihar and has made it a huge public issue.
Ram Sundar Das, a former chief minister joined the JDU just before the Lok Sabha elections. He defeated Ram Vilas Paswan who had retained Hazipur seat in eight elections. Das had lost the chief minister’s job to Lalu Prasad Yadav in 1990. Janata Dal had won the most seats in Bihar Assembly. Lalu Prasad ruled Bihar for 15-year until Nitish led coalition defeated him 2005.
In the recently held Lok Sabha elections Ranjan Prasad Yadav of JDU defeated Lalu Yadav.
Nitish Kumar has focused on the EBCs (includes many poorest sub-castes), which account for over 20 percent of Bihar’s eight crore people. He has introduced a 20- percent reservation for them in village panchayats.
Friday, June 5, 2009
Meira Kumar: New Speaker or Bihar's future Chief Minister?

Sonia Gandhi's choice of Meira Kumar, daughter Jagjivan Ram, the former Deputy Prime Minister who had to walk out of Congress is meant to send a clear signal to Dalits across the country.
L K Advani, Mulayam Singh Yadav, Lalu Yadav recalled Jagjivan Ram's rift with the Congress party while claiming him to be their own. BSP was part of the chorus welcoming Kumar's ascension to the top chair. For BSP, likes of Jagjivan Ram has been the ‘co-opted’ used by Congress against Ambedkar.
Kumar has defeated both Mayawati and Ramvilas Paswan in the 1985 Bijnore by-election.
Bihar politics was yet again played out in LS, with JD(U) president Sharad Yadav and his bete-noire Lalu Prasad using the inauguration of Speaker Meira Kumar to settle scores with each other.
The newly-elected Speaker, who, like the other two leaders, too hails from Bihar, however, made a timely intervention, preventing the scene from getting uglier. She was constrained to issue her first directive as Lok Sabha Speaker soon after when she asked the House reporters to expunge parts of the exchanges between the two Yadav satraps. Meira Kumar is a Congress MP from Sasaram, Bihar.
Trouble arose when the former railway minister, in his speech welcoming Ms Kumar's election as Lok Sabha Speaker, deviated from the standard practice of hailing her elevation, and said her anointment on the post should not be seen as a mere tokenism.
RJD chief recalled the role of her predecessor Somnath Chatterjee, saying he had shown how a Speaker should be above party-affiliations. When the issue of nuclear deal arose, Chatterjee, he said, took a stand "which went against the Left parties. But he did not budge. A similar situation may arise before you and you will have to take tough decisions".
He sought to caution Speaker against the Opposition’s real gameplan. "All leaders have promised Speaker that they would cooperate in smooth running of the House. But I have my doubts whether these promises will be kept," Lalu Prasad said in his usual tongue-in-cheek style, evoking laughter from a section of the members.
What invited Sharad Yadav's interruption was his charge that the NDA government, when it was in power at the Centre, had refused to approve welfare schemes initiated by the then RJD government in Bihar for the welfare of SC/STs.
The JD(U) leader, at this juncture, sought to remind him that this was not the occasion to play politics. When interrupted again after some time, the RJD leader retorted by saying that Parliament was the platform from which politics was generally played out.
"We've come here to do politics. You may do Hari-Bhajan if you like," Lalu Prasad retorted as other members watched silently. Rather than joining issues with the irrepressible RJD leader, Sharad Yadav opted to remain silent after this. The newly elected Speaker later ordered portions of the exchange between the two Bihar leaders to be expunged.
Grapevine from Congress sources suggest that Meira Kumar would be the Chief Ministerial candidate in the next Bihar assembly elections. Isn't her refusal to resign from the membership of Congress Party even after assuming Speaker's chair pregnant with some such meaning?
Highlights of Bihar's Economic Survey
Some highlights:
1. Out of the entire Bihar population 89.5% stay in the rural areas
2. Population density is 880
3. Sex ratio is 919 girls to 1000 boys with Siwan having the best ratio of 1031 girls to every 1000 boys and Munger having the worst ratio of 872 girls per 1000 boys. Patna follows close behind with 873 girls to 1000 boys. (However the high ratios in Siwan is most likely due to emigration of the male population to other
states in India in search of work)
4. Gross enrollment of students from Bihar in higher education is 6.7% compared to the India average of 9.2%. While the male enrollment is better the female enrollment is only 3.5% against India average of 7.7%
5. Bihar has a very low density of higher education institutions. For e.g. Bihar has only 7 engineering colleges (with no new applications for engineering colleges pending). Compare this with 292 engineering colleges in Andhra Pradesh (with applications for 113 new colleges pending) and 286 engineering colleges in Tamil Nadu (with applications for 53 new colleges pending). Even UP has 125 engineering colleges with 43 new applications pending.
6. Reduced crime rate: As per the report there were 117.9 crimes per lakh of population for the year 2007 which is below the national average of 175.10. This placed Bihar at the 28th rank for crime with Pondicherry having the highest crime rate of 475.4 crimes per lakh population and Nagaland having the lowest crime rate of 54.4 crimes per lakh population. Source: World Bihari Forum
Sunday, May 17, 2009
Bihar Assembly seeks special category status for Bihar
One must admit that the report/book titled "Special Category Status: A Case for Bihar" makes a compelling case for special category status to Bihar.
There is statistical evidence to show that Bihar did not become backward, it was made backward. There has been a deliberate effort that in terms of economic and social indicators of development, Bihar remains below all-India averages in most respects of human development.
Raekha Prasad reporting in May 2006 for The Guardian from Khagaul, her father's home town wrote, "The state of Bihar contradicts modern India's optimistic vision of itself। "Bihar" has become an expletive, a butt of derogatory jokes made by people in certain metropolitan circles who have never visited the place। Underlying the ridicule is a potent fear in the minds of many Indians that Bihar is a template of what this ascendant economic power could yet become. For India's burgeoning middle classes, Bihar is a byword for everything they most fear: feudal and caste cruelty, criminalised politics and grinding poverty." Backwardness of the state is at the root of the crisis that has been underlined.
While special category status to Bihar merits attention, does anyone know about the fate of the Bihar's Common School System Commission that had submitted its 313-page report in June 2007 calling “for a legislation underpinning the Common School System.” If this is done Bihar can show the right path especially with regard to education to the whole country. Has Bihar Government acted on its recommendation?
Bihar Deserves ‘Special Category status'
He has put forward a strong case for special category status for the state, which lags behind several states in economic development. He put forward a strong case for special category status for the state, which lags behind several states in economic development. He pointed out, however, that Prime Minister Manmohan Singh had refused to give Bihar special status despite repeated requests.
Noted economist Lord Meghnad J Desai on Friday fully endorsed Bihar's claim for special category status and even favoured "political bargaining" for that. "Transformation in the position of Bihar is a great achievement. It is time to make a persuasive case for Bihar". 
Deasi said: "Political bargaining can come in handy for achieving the special category status to Bihar. There should be more transparency in allocation of funds by the Centre."
Desai said something has gone wrong in Bihar and UP which send 120 MPs to Parliament. "In advanced states, the social empowerment of weaker sections took place much earlier. In Bihar and UP, the empowerment of socially weaker sections has remained suppressed for a long time," he said.
He strongly pleaded for effective people-centric governance and direct funds to the target group. "A poor man knows more than experts where to spend the money," Desai said.
Nitish said giving funds directly to the poor will cut down corruption and government expenditure. He also pointed towards the poor power condition in Bihar. "Whenever I hold meetings with important persons there is always a power outage. I told Lord Desai that this is also one reason Bihar should be given the special category status," he said. "When I took over, Bihar's own production was zero. While efforts were made to set up power plants in Bihar, private parties were unwilling to come because no coal linkage (transportation of coal directly from mines) facility has been given to the state," he said.
Nitish listed grounds for making such a demand saying Bihar has international borders with Nepal and Bangladesh, it is struck by recurring floods, power scenario is critical and also there is a problem of extremism. "Bihar can overcome these problems once it gets financial support, investment and subsidy," he added. In a rare gesture of unity and rising above the political affiliation, the members sitting on both sides rose in unison and forcefully approved the resolution calling the Centre to include Bihar in the special category of states. Members cutting across the party line favoured the move and urged their central leaders to take up the matter with the Prime Minister.
An all-party delegation led by Nitish Kumar sought an appointment with the PM on the issue. The delegation approached the PMO for an appointment on April 13, 2006. But even after 37 months, the appointment has not been given. Bihar Chamber of Commerce (BCC) and Confederation of Indian Industry (CII) on 15 May, 2009 urged the Centre to give special category status to Bihar. Satyajit Singh, Bihar CII, chairman too felt that Bihar needed a composite package with special category status.
BCC delegation had on August 28, 1999, met the then Union finance minister Dr Manmohan Singh and the then vice-chairman of Planning Commission Pranab Mukherjee, seeking special category state status to Bihar. He recalled that in June, 1989, the then PM Rajiv Gandhi had announced a special package for Bihar of over Rs 5,000 crore for various projects but it was never implemented.
Bihar government and BCC has been demanding economically and industrially backward state status for Bihar for the past several years.
Saturday, May 16, 2009
Loka Sabha Election Results of Bihar
Kumar's JD(U) won 20 of 25 seats it contested, the BJP pocketed 12 of the 15 it fought.
Ramvilas Paswan's LJP was obliterated in the electoral battlefield losing all 12 seats it contested, including his own seat of Hajipur, which sent him seven times to the Lok Sabha. LJP had four MPs in the 14th Lok Sabha.
Lalu Prasad lost from Pataliputra where he was pipped at the post by his friend-turned-foe Ranjan Prasad Yadav of JD(U)। Prasad retained Saran, winning it for the fourth time.
In terms of vote share, JD(U) has gained only modestly with its share rising from 22.4% to 24%, and the BJP has actually dropped slightly, but the RJD's vote share has plummeted by over 11% - from 30.7% last time to just 19.3% now - and Paswan's LJP has lost another 1.6% in vote share. The Congress, despite contesting on its own, has raised its share from 4.5% to 10.3%, but that huge jump didn't yield seats because of the low base on which it came.
National Performance
UNITED PROGRESSIVE ALLIANCE - 262
Congress - 206
Trinamool Congress - 19
DMK - 18
Nationalist Congress Party - 9
National Conference - 3
Jharkhand Mukti Morcha - 2
Muslim League Kerala State Committee - 2
All India Majlis-e-Ittehadul Muslimeen - 1
Bodoland People's Front - 1
Kerala Congress (Mani) - 1
NATIONAL DEMOCRATIC ALLIANCE - 159
Bharatiya Janata Party - 116
Janata Dal-United - 20
Shiv Sena - 11
Rashtriya Lok Dal - 5
Akali Dal - 4
Telangana Rashtra Samithi - 2
Asom Gana Parishad - 1
THIRD FRONT - 80
Bahujan Samaj Party - 21
CPI-M - 16
Biju Janata Dal - 14
AIADMK - 9
Telegu Desam Party - 6
CPI - 4
Janata Dal-Secular - 3
Forward Bloc - 2
Revolutionary Socialist Party - 2
MDMK - 1
Haryana Janhit Congress - 1
Jharkhand Vikas Morcha (Prajatantrik) - 1
FOURTH FRONT - 27
Samajwadi Party - 23
Rashtriya Janata Dal - 4
OTHERS - 15
Independents - 9
Assam United Democratic Front - 1
Bahujan Vikas Aaghadi - 1
Swabhimani Paksha - 1
Nagaland People's Front - 1
Sikkim Democratic Front - 1
VCK - 1
Performace in the Bihar's 40 Parliamentary constituencies
Party Position - BIHAR | ||||||
JDU | BJP | Cong | RJD | LJP | Ind & others | Total |
20 | 12 | 2 | 4 | 0 | 2 | 40 |
| Ara | GEN | Meena Singh | Janata Dal (United) | Rama Kishore Singh | LJP | 74,880 |
| Buxar | GEN | Jagdanand Singh | RJD | Lalmuni Chaubey | BJP | 2,252 |
| Sasaram | SC | Meira Kumar | Indian National Congress | Munilal | BJP | 42,954 |
| Karakat | GEN | Mahabali Singh | Janata Dal (United) | Kanti Singh | RJD | 20,483 |
| Saran | GEN | Lalu Prasad Yadav | RJD | Rajiv Pratap Rudy | BJP | 52,571 |
| Maharajganj | GEN | Uma Shankar Singh | RJD | PrabhuNath Singh | JD(U) | 2,795 |
| Siwan | GEN | Om Prakash Yadav | IND | Hena Shahab | RJD | 63,430 |
| Hajipur | SC | Ram Sundar Das | Janata Dal (United) | Ram Vilas Paswan | Lok Jan Shakti Party | 37,954 |
| Paschim Champaran | GEN | Dr. Sanjay Jaiswal | Bharatiya Janata Party | Prakash Jha | Lok Jan Shakti Party | 47343 |
| Valmikinagar | GEN | Baidyanath Prasad Mahto | Janata Dal (United) | Fakhruddin Ahmed | IND | 1,84,125 |
| Purvi Champaran | GEN | Radha Mohan Singh | Bharatiya Janata Party | Akhilesh Prasad Singh | Rashtriya Janata Dal | 78,863 |
| Sheohar | GEN | Rama Devi | Bharatiya Janata Party | Md.Anwarul Haque | BSP | 1,21,423 |
| Madhepura | GEN | Sharad Yadav | Janata Dal (United) | Prof. Ravindra Charan Yadav | RJD | 1,68,973 |
| Muzaffarpur | GEN | Capt. Jainarayan Pd. Nishad | Janata Dal (United) | Bhagwanlal Sahni | LJP | 47,987 |
| Vaishali | GEN | Raghuvansh Prasad Singh | Rashtriya Janata Dal | Vijay Kumar Shukla | JD(U) | 16,447 |
| Gopalganj | SC | Puranmasi Ram | Janata Dal (United) | Anil Kumar | RJD | 42,471 |
| Begusarai | GEN | DR. Monazir Hassan | Janata Dal (United) | Shatrughan Prasad Singh | CPI | 40,837 |
| Banka | GEN | Digvijay Singh | IND | Jaiprakash Yadav | RJD | 28,716 |
| Patna Saheb | GEN | Shatrughan Sinha | Bharatiya Janata Party | Vijay Kumar | Rashtriya Janata Dal | 1,66,770 |
| Pataliputra | GEN | Ranjan Prasad Yadav | Janata Dal (United) | Lalu Prasad Yadav | RJD | 23,541 |
| Ujiyarpur | GEN | Ashwamegh Devi | Janata Dal (United) | Alok Kumar Mehta | RJD | 25,279 |
| Samastipur | SC | Maheshwar Hazari | Janata Dal (United) | Ram Chandra Paswan | LJP | 1,04,376 |
| Khagaria | GEN | Dinesh Chandra Yadav | Janata Dal (United) | Ravindar Kr. Rana | Rashtriya Janata Dal | 1,38,755 |
| Munger | GEN | Rajiv Ranjan Singh | Janata Dal (United) | Ram Badan Rai | RJD | 1,89,361 |
| Nalanda | GEN | Kaushalendra Kumar | Janata Dal (United) | Satish Kumar | LJP | 1,52,666 |
| Gaya | SC | Hari Manjhi | Bharatiya Janata Party | Ramji Manjhi | RJD | 62,453 |
| Jamui | SC | Bhudeo Choudhary | Janata Dal (United) | Shyam Rajak | RJD | 29,797 |
| Nawada | GEN | Bhola Singh | Bharatiya Janata Party | Veena Devi | LJP | 34,917 |
| Darbhanga | GEN | Kirti Azad | Bharatiya Janata Party | Md. Ali Ashraf Fatmi | Rashtriya Janata Dal | 46453 |
| Purnia | GEN | Uday Singh | Bharatiya Janata Party | Shanti Priya | IND | 1,86,227 |
| Katihar | GEN | Nikhil Kumar Chaudhary | Bharatiya Janata Party | Shah Tariq Anwar | NCP | 14,015 |
| Kishanganj | GEN | Mohammad Asrararul Haque | IndianNational Congress | Syed Mahood Ashraf | JD(U) | 81,125 |
| Madhubani | GEN | Hukumdeo Narain Yadav | Bharatiya Janata Party | Abdul Bari Siddiqui | RJD | 9,931 |
| Araria | GEN | Pradeep Kumar Singh | Bharatiya Janata Party | Zakir Hussain Khan | LJP | 22,242 |
| Jhanjharpur | GEN | ManganiLal Mandal | Janata Dal (United) | Devendra Prasad Yadav | RJD | 42,778 |
| Supaul | GEN | Vishwamohan Kumar | Janata Dal (United) | Ranjeet Ranjan | Indian National Congress | 1,66,075 |
| Sitamarhi | GEN | Arjun Rai | JD(U) | Samir Kumar Mahaseth | Cong | 1,17,139 |
| Bhagalpur | GEN | Syed Shahnawaz Hussain | Bharatiya Janata Party | Shakuni Choudhary | Rashtriya Janata Dal | 55,811 |
| Aurangabad | GEN | Sushil Kumar Singh | Janata Dal (United) | Shakil Ahmed Khan | RJD | 72,055 |
| Jehanabad | GEN | Jagdish Sharma | Janata Dal (United) | Surendra Prasad Yadav | RJD | 21,329 |
Candidates in Ara
| Performance of Bihar's Key Politicians |
| Victors | Vanquished |
| Lalu Yadav | Ramvilas Paswan |
| Ram Sunder Das | Prakash Jha |
| Sharad Yadav | Shekhar Suman |
| Shatrughan Sinha | Ranjita Ranjan |
| Ranjan Yadav | Raghunath Jha |
| Kirti Azad | Prabhunath Singh |
| Lallan Singh | Kanti Singh |
| Jagdish Sharma | Shakil Ahmed |
| Syed Shahnawaz Hussain | George Fernandes |
| Digvijay Singh | Rajiv Pratap Rudi |
| Jagdanand Singh | Akhilesh Prasad Singh |
| Raghuvansh Pd. Singh | Munna Shukla |
| Meira Kumar | Jai Prakash Yadav |
| Monazir Hussan | F A A Fatmi |
| Hukumdeo Narain Yadav | Surendra Yadav |
| Radha Mohan Singh | Muni Lal choubey |
CRIMINALS AND THEIR RELATIVES WHO LOST
CONGRESS
Ranjita Ranjan
Wife of Pappu Yadav Supaul
INDEPENDENT
Shanti Priya
Mother of Pappu Yadav Purnea
RJD
Heena Shahabuddin
Wife of Mohammad Shahabuddin Siwan
CONGRESS
Lovely Anand
Wife of Anand Mohan Sheohar
LJP
Veena Devi
Wife of Suraj Bhan Singh Nawada
JD-U
Munna Shukla
Vaishali
LJP
Rama Singh
Arrah
JD-U
Prabhunath Singh
Maharajganj
LJP
Zakir Khan
Araria
RJD
Taslimuddin
Kishanganj
CONGRESS
Sadhu Yadav
West Champaran
BSP
Anwarul Haq
Sheohar
RJD
Jay Prakash Yadav
Banka