"Defied Constitution": Bengal Governor Slams Speaker Over New MLAs' Oaths

Sayantika Banerjee (R) and Reyat Hossain Sarkar (L) with Speaker Biman Banerjee.

Kolkata:

Bengal Governor CV Ananda Bose has hit out at the ruling Trinamool Congress after two of its leaders – Sayantika Banerjee and Reyat Hossain Sarkar – took oath as MLAs on Friday.

Ms Banerjee and Mr Sarkar won bypolls from the Baranagar and Bhagwangola constituencies, the results of which were declared on June 5. Their oaths, though, had been pending since and became the focus of a bitter and prolonged stand-off between the Trinamool and the Governor’s office.

Their oaths were eventually administered this evening by Speaker Biman Banerjee. After the ceremony was over, Trinamool legislators raised the ‘Jai Bangla‘ slogan in the House.

However, Mr Bose then declared that the Speaker had “defied Constitutional prescription” by administering their oaths despite the Governor’s office appointing his deputy, Ashish Banerjee.

However, Mr Banerjee declined to do so, pointing out the Speaker had precedence.

Mr Bose has said a report will be sent to President Droupadi Murmu “about the Constitutional impropriety of the Speaker in administering the oath to the two newly elected MLAs”.

“This Constitutional transgression has been done in spite of the Governor appointing the Deputy Speaker as the person before whom the two newly elected MLAs shall take their oaths.”

West Bengal Governor reacts to MLAs swearing-in this afternoon at the West Bengal Legislative Assembly. https://t.co/zVNGi0D0Vvpic.twitter.com/VpntVwAITa

— Saurabh Gupta(Micky) (@MickyGupta84) July 5, 2024

In a post on X (formerly Twitter) Mr Bose referred to a provision in the Constitution that says an MLA “shall, before taking his seat. Make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose”.

He also dismissed the Speaker’s reference to other rules. “Can any rule be above the Constitution?”

Last week Ms Banerjee and Mr Sarkar had launched a sit-in protest outside the Assembly building after the Governor declined to either administer the oath or delegate the responsibility.

But earlier today he issued the communique authorising the Deputy Speaker to do so.

However, by then the Speaker had summoned a special session of the Assembly, declaring that the House could not, and would not, depend solely on the Governor’s nod to function. The Speaker, Mr Banerjee, earlier also sought the President’s help and accused the Governor of egoistic behaviour.

The stand-off was triggered by the Governor inviting the two MLAs to take oath at his residence.

READ | 2 Newly-Elected Trinamool MLAs Skip Governor’s Oath Invitation

The Speaker, and the Trinamool, insisted Mr Bose ought to come to the Assembly.

“We respect him… and the Constitution… but he is not giving us respect. He should come to the Assembly and conduct the oath-taking… or give this authority to the Speaker. We are sitting here with the Constitution… We are elected, unlike a nominated position like you…” Mr Banerjee said.

The oath ceremony, meanwhile, has also been criticised by the opposition BJP, which claimed it had not been told of the special session. “I had no information… did not get any notice. In every state, a courtesy call is given to the LoP but here there was no interaction…” Suvendu Adhikari said.

Mr Adhikari, a former aide of Chief Minister Mamata Banerjee, who jumped to the BJP weeks before the Assembly election, is the Leader of the Opposition.

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