Trinamool MLAs sworn in by Speaker, Governor alleges constitutional impropriety
Bose had nominated the Deputy Speaker to administer the oath, a Raj Bhawan statement notes
More than a month after getting elected, two MLAs of the Trinamool Congress were on July 5 administered the oath of office during a special session of the West Bengal Legislative Assembly by Speaker Biman Banerjee. The development triggered a fresh controversy with Governor C. V. Ananda Bose accusing the Speaker of constitutional impropriety.
“A report is being sent to the Hon’ble President about the Constitutional impropriety of the Speaker in administering the oath of affirmation to the newly elected MLAs,” a statement from the Raj Bhavan said.
The statement added that the Governor had tasked the Deputy Speaker with administering the oath to the new MLAs.
On Thursday, Speaker Biman Banerjee announced that a special Assembly session would begin on Friday, indicating that the MLAs would be sworn in then. The same evening, the Governor nominated Deputy Speaker Asish Banerjee to administer the oath of affirmation.
During the proceedings on Friday, Deputy Speaker Asish Banerjee said that it would amount to disrespecting the Chair of the Speaker if he were to administer the oath. Then, the MLAs were administered the oath by the Speaker, in the presence of the members of the Treasury Benches who raised slogans supporting the developments. The BJP MLAs in the Opposition boycotted the proceedings.
The MLAs — Sayantika Banerjee, elected from Baranagar in Kolkata, and Reyat Hussain Sarkar, elected from Bhagwangola in Murshidabad — were elected on June 4 but could not be administered the oath as they refused to present themselves at the Raj Bhavan to be sworn in by the Governor. The refusal to go to Raj Bhavan was further solidified by Chief Minister Mamata Banerjee saying the place was not safe for women, while referring to allegations of sexual harassment brought on by an employee against Mr. Bose.
Mr. Bose, too, stayed away from the Assembly, further pushing the swearing-in. The MLAs held protests on the premises of the Assembly, demanding that they be sworn in.
All-time low
Article 188 of the Constitution states that “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”.
While Raj Bhavan sources said that the Speaker could not administer the oath as he had not been appointed for the task, Mr. Biman Banerjee on Thursday had said that the Assembly was not helpless and everything was not in the hands of the Governor. “You can’t just force everything down our throats; there are rules, regulations, and constitutional norms. All of us must abide by them,” he had said.
These developments come at a time when the relationship between Raj Bhawan Kolkata and West Bengal government has hit its nadir with the Governor filing a defamation suit against Ms. Banerjee for remarks made in connection with allegations of sexual harassment against him.
Senior Trinamool leader and Minister Sovandeb Chattopadhyay said the oath was administered under rule 5 of the Rules of Procedural Conduct of Business of The West Bengal Legislative Assembly.
Leader of Opposition Suvendu Adhikari said that the administering of the oath to the MLAs was done by an illegal process and he would take it up in his official capacity.
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