KOLKATA: West Bengal speaker Biman Banerjee on Friday administered the oath of office to two Trinamool Congress (TMC) legislators, a move criticised by governor CV Ananda Bose who said it was “unconstitutional” because he had nominated the deputy speaker, and not the speaker, to administer the oath.
The two MLAs — Rayat Hossain Sarkar and Sayantika Banerjee — had declined to take oath at the Raj Bhavan and insisted that the governor administer them oath at the West Bengal assembly. Their refusal to visit Raj Bhavan was seen as part of the ongoing conflict between the ruling TMC and Bose over a host of issues.
After a month-long impasse, the governor, who is currently in Delhi, appointed the deputy speaker Asish Banerjee on Thursday evening to administer the oath of office as Raj Bhawan’s representative.
TMC veteran and parliamentary affairs minister Sobhandeb Chattopadhyay said when a special assembly session called by the speaker started on Friday, “the deputy speaker told us that it would be an insult to the speaker’s chair if he conducted the ceremony in the speaker’s presence. Subsequently, the speaker administered the oath”.
Shortly after the ceremony, Raj Bhavan said in a statement on X: “A report is being sent to the Honourable President about the constitutional impropriety of the speaker in ‘administering’ the oath or affirmation to the two newly-elected MLAs. The constitutional transgression has been done in spite of the Honourable Governor
{{/usCountry}}Shortly after the ceremony, Raj Bhavan said in a statement on X: “A report is being sent to the Honourable President about the constitutional impropriety of the speaker in ‘administering’ the oath or affirmation to the two newly-elected MLAs. The constitutional transgression has been done in spite of the Honourable Governor
{{/usCountry}}appointing deputy speaker as the person before whom the two newly-elected MLAs shall make and subscribe an oath of affirmation,” Raj Bhavan said.
It cited Article 188 of the Constitution which states that the oath shall be administered by a governor or a person he appoints.
“It is elementary knowledge that Constitutional is above any rule,” said the Raj Bhawan’s note.
Bengal BJP’s chief spokesperson Samik Bhattacharya said:“We have pointed out time and again that TMC is repeatedly violating the Constitution. Now, we have to wait and see what steps the President takes”.
The two TMC MLAs refused to comment on the issue.