Governor-Mamata tussle: Is Bengal assembly heading for an unprecedented crisis?

The current situation in West Bengal, according to constitutional experts, has enough elements for creating a constitutional crisis. It would be an unprecedented if the governor refuses to turn up even after being invited. In that case, the state government will have no other option but to postpone the session.

Kolkata:Even as the tussle between the state government and Governor Jagdeep Dhankhar gets murkier, doubts are now being raised on the presence of the Governor during the inaugural session of the 17th Legislative Assembly of the state on July 2. Uncertainty has also crept in on whether the Governor will read the text of his speech provided by the state government or will he deviate. The question is can the Governor do so. Can the Governor, being in good health and in the city, skip the inaugural session, which he himself has convened?

No doubt the governor is the legislative head of the state. The inaugural session of any government has to start with the governor, according to provisions of the Constitution. However, ever since Mamata Banerjee was sworn in as the Chief Minister for the third consecutive term, the state government-governor tussle is turning murkier with every passing day.

Naturally therefore, doubts arise whether the Governor Dhankhar would at all turn up at the inaugural session of the current assembly on July 2, 2021. Also, there are apprehensions that even if he turns up will he deviate from the routine speech provided to him by the state government. As per norms, it is the state government that has to invite the governor for his presence in any session of the assembly. Since the state government operates in the name of the governor, so never before in history has any governor turned down the invitation. The question is what will happen this time.

Former leader of Left legislative party in West Bengal, Dr Sujan Chakraborty said that the state's political scenario is going through unprecedented theatrics over the state government-governor tussle. "Both the governor and the state government are responsible for the situation which has evolved. In such a situation it is uncertain whether the governor will turn up or not?" he said.

According to him, in case he turns up at the inaugural session he has to read out the written speech provided to him by the state government. "Previously, there had been instances that the state government has not invited the governor to present in a session of the assembly. However, in that case, that session is shown as an extension of the previous session. However, this time there is no scope for that," he said.

The fact that the state government itself is in confusion became evident from what Trinamool Congress' chief whip in the assembly, Nirmal Ghosh said, "In case the governor is ill-disposed then he can get away after skipping the session. In that case, the inaugural session has to be postponed. This will be the first session of the current assembly which is inaugurated by the governor. I do not know the session will begin if the governor chooses to remain absent. Either the President of India or any state governor cannot operate according to his sweet will. The governor has to act on the advice of the state government. It is his constitutional compulsion to read out the written speech given to him by the state government during the budget session. He cannot do anything different," he said.

However, according to him, it is doubtful whether the governor will respect the constitutional norms or not. "He is behaving like BJP leaders. So we are doubtful on what he will do," Ghosh said. Already the ruling party and the Chief Minister have started attacking the governor over his alleged involvement in the Jain-Hawala scam. The governor has retaliated too.

On Wednesday the Chief Minister was asked if the state government will invite the governor to be present at the inaugural session on Friday. Mamata Banerjee refused to reply.

The current situation, according to constitutional experts, has enough elements for creating a constitutional crisis. It would be an unprecedented if the governor refuses to turn up even after being invited. In that case, the state government will have no other option but to postpone the session. According to the former president of erstwhile Presidency College, such a situation was not desirable. "This has never happened before. The current crisis will result in certain unprecedented development in the history of legislative politics," he said.