West Bengal Governor C.V. Ananda Bose on Friday deemed Assembly Speaker Biman Banerjee's move to administer the oath of office to two newly elected TMC MLAs instead of the Deputy Speaker as a violation of the Constitution.
A Raj Bhavan official explained that the governor wrote a letter to the president, criticizing the speaker's action as constitutionally invalid. "The Governor has written to President Droupadi Murmu about the Speaker's constitutional impropriety," the official said while highlighting the Governor's point that the move by the Speaker was a constitutional transgression in spite of the Governor appointing the Deputy Speaker as the person before whom the two newly elected MLAs shall make and subscribe an oath or affirmation.
Why do speaker administer oaths to new MLAs?
Meanwhile, amid the development, it is pertinent to note that this move by the Governor follows an earlier event where the Speaker administered the oath to the new TMC MLAs after the Deputy Speaker, who had been given the responsibility, stepped back, citing constitutional norms. The oath-taking ceremony, held during a special Assembly session, was led by Speaker Biman Banerjee after the Deputy Speaker recused himself, stating, "It is against the norms for the Deputy Speaker to administer the oath when the Speaker is present."
Following the Deputy Speaker's recusal, Speaker Biman Banerjee called the two MLAs—Rayat Hossain Sarkar from Bhagwangola in Murshidabad district and Sayantika Banerjee from Baranagar on the northern outskirts of Kolkata—to the floor of the House and administered the oath.
The month-long impasse
Further, it is noteworthy to mention that Friday's development concluded a month-long impasse between the Raj Bhavan and the Assembly over the venue of the ceremony and the administering authority. The two legislators had been staging a sit-in at the Assembly premises, protesting the Governor's earlier stance and demanding to be sworn in by the Speaker within the Assembly premises, in line with House conventions. However, the governor initially rejected this demand.
But, in a sudden turn of events on Thursday evening, Governor Bose authorized Deputy Speaker Asish Banerjee to administer the oath in the Assembly on Friday, retracting his earlier stance that the MLAs would be sworn in only at Raj Bhavan. But the Deputy Speaker refused to administer the oath to new MLAs.
Moreover, in response to the governor's letter, Speaker Biman Banerjee asserted, "The governor does not have the authority to dismiss me. I have already informed the President about the situation and sought her intervention." The Speaker had previously sought the President's intervention, accusing the Governor of turning the issue into an ego battle.
READ MORE | West Bengal Governor authorises Deputy Speaker to administer oath to newly elected TMC MLAs
READ MORE | West Bengal Governor demands Mamata govt to issue white paper on state finances
