West Bengal governor Jagdeep Dhankhar has withdrawn assembly speaker Biman Banerjee’s power to administer the oath of office to the members of the state legislature, officials aware of the matter said on Monday. They added this is the first time a Bengal governor has taken such a step, which is likely to escalate tensions between Dhankhar and the speaker.
“A note from Raj Bhawan reached the office of the speaker a few days before the assembly by-poll to Kolkata’s Bhabanipur and two seats in Murshidabad district on Sunday. The letter cited Section 188 of the Constitution, which empowers the governor to administer the oath,” said a state assembly official, requesting anonymity
To continue as chief minister, Trinamool Congress (TMC) president Mamata Banerjee, who won the Bhabanipur seat by a record margin on Sunday, needs to be sworn in as a member of the assembly by November 4. TMC leaders said she wants the formalities to be completed before the Durga Puja festival which is a week away. Banerjee, who was defeated in the March-April assembly polls from Nandigram, was sworn in as chief minister on May 5.
The acrimonious relationship between the state government and Dhankar has been in the news since he took over as the governor in July 2019. TMC leaders, who spoke off the record, said Dhankhar’s latest move may trigger a fresh row. The speaker has had differences with Dhankhar including over the governor’s request for a live telecast of his speech at the assembly. Biman Banerjee did not allow this. The speaker has also complained that Dhankhar was interfering in his work. In a strongly worded letter sent to the speaker on September 15, the governor reminded Biman Banerjee of propriety. “Under Article 176 of the Constitution, I addressed the assembly on February 7, 2020, and July 2, 2021. On Both occasions, in an ‘emergency’ kind of situation, the address was blacked out,” the governor wrote. “I would urge you to engage in soul-searching, believe in constitutional essence and spirit, and dictate the actions and conduct duly mindful of constitutional prescriptions and propriety demanded by the office you hold.”
The official cited above said the letter from the Raj Bhawan said it is the governor who is empowered to administer the oath of office to ministers and legislators. “While the governor administers the oath of office to ministers at Raj Bhawan, the speaker acts as the governor’s representative when legislators are sworn in at the assembly. Raj Bhawan has withdrawn that permission,” said the official. “The letter said the Constitution empowers the President of India or his representative to administer the oath of office to members of the Parliament. The letter pointed out that the President delegates this power to the Lok Sabha speaker.”
Article 188 deals with oath or affirmation of lawmakers. “Every member of the Legislative Assembly or the Legislative Council of a State 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 in the Third Schedule.”
Biman Banerjee refused to comment on the issue. Officials said Banerjee called up the speaker on Monday and people from her office were in touch with Raj Bhawan.
(With inputs from agencies)