NEW DELHI: Amid Mamata Banerjee's refusal to resign from the post of Chief Minister even after her party’s decisive defeat in the recently concluded West Bengal Assembly elections, Governor RN Ravi will play an instrumental role in charting the future trajectory of the State politics.
Sources in the Union Ministry of Home Affairs (MHA) said, with competition of the day today, the previous Assembly would cease to exist and so the government, as “we have a parliamentary system of government, where the executive derives its existence and power from the legislative body”.
The unprecedented situation has emerged after the BJP secured a clear majority in the 294-member Assembly, while the TMC suffered a major setback and yet Banerjee has questioned the legitimacy of the election outcome, alleging irregularities and insisting that she does not accept the verdict.
A source in the MHA said there is a “doctrine of pleasure” in the Constitutional scheme of things in India. “Under Article 164 of the Constitution, the Chief Minister holds office ‘during the pleasure of the Governor’, though this ‘pleasure’ is not arbitrary and is tied to the Chief Minister enjoying majority support in the Legislative Assembly.”
Once a government loses its majority or the Assembly’s term expires, the Governor can intervene to facilitate the transition of power, he noted.
According to the sources, one of the first options before the Governor is to formally ask the Chief Minister to resign and this is generally done after the Election Commission completes the notification process and it becomes clear which party commands majority support in the newly elected House.
Conventionally, an outgoing Chief Minister submits resignation voluntarily, paving the way for the Governor to invite the leader of the majority party to form the next government.
“But if the Chief Minister refuses, the Governor may require her to prove majority support through a floor test in the Assembly. The Supreme Court has repeatedly held that questions of majority must ordinarily be tested on the floor of the House. However, in the present case, the election results themselves have already delivered a decisive mandate against the incumbent Chief Minister. Another constitutional route available to the Governor is dismissal of the Council of Ministers,” another official said.
One of the legal advisers to the government said, if an incumbent government no longer enjoys legislative confidence and refuses to step aside, the Governor can withdraw “the pleasure” under Article 164 and dismiss the Chief Minister and her Cabinet.
However, even then a smooth transfer of power becomes impossible or administrative continuity is threatened, the Governor could recommend President’s Rule under Article 356, as a measure of last resort, the legal adviser said.
With the term of the outgoing Assembly also reaching its constitutional end, he argued that the continuation of the present government beyond that point would have very little legal basis and in such a situation, the Governor’s discretionary powers become central to ensuring continuity of governance and adherence to constitutional norms.