The Congress had yesterday queered the pitch for the BJP by pointing out that the Bihar budget had to be passed before March 31 andfailure to do so would lead to a constitutional and financial crisis in the state. There has been only one case so far when the financial bill in a state was passed by an ordinance -- it was in Assam in 1980. At that time the financial bill was being debated but because of turmoil in the House it could not be passed by the midnight of March 31.

Today P Shiv Shankar of the Congress took the argument a step further. He said Parliament had no right to pass the state budget as long as the Assembly was in suspended animation and, therefore, alive. This right accrued to Parliament only after the Assembly was dissolved. The Bommai Bihar problemÎjudgement had forbidden dissolution of the Assembly till both houses of Parliament had given their approval, he pointed out. He even questioned the legality of Parliament taking up the budget for Goa because President's Rule in the state had not been ratified by both houses.

Yesterday Pranab Mukherji had argued that the Bihar budget -- or more likely a vote on accountto release funds for the state after the end of the financial year -- could not be passed without the ratification of Article 356 by both houses of Parliament or revocation of President's Rule in the state. Parliament will go into a recess on March 18 and would reconvene only on April 15. President's Rule in the state would lapse on April 12 unless its promulgation gets parliamentary approval by then. That is why the Government will have to put the proclamation in the RS next week.