If Mamata Refuses To Resign, Can The Governor Remove Her? What The Rules Say

After poll defeat, can a CM refuse to resign? Constitution gives Governor power to dismiss, order floor test or impose President’s Rule.

Under Article 164 of the Constitution, the Chief Minister holds office at the pleasure of the Governor.

Source : PTI

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Key points generated by AI, verified by newsroom

• BJP secures 207 seats, a significant blow to Mamata Banerjee's TMC.
• Governor can dismiss CM if they lose majority, refuse to resign.
• Governor may call for a floor test to prove majority support.

The West Bengal Assembly election results have delivered a major setback to Mamata Banerjee and the TMC, with the BJP securing a sweeping mandate of 207 seats. Banerjee’s defeat in Bhabanipur to Suvendu Adhikari has added to the political shock. While the electorate’s verdict is final in a democracy, questions arise over what happens if a sitting Chief Minister refuses to step down. The Indian Constitution empowers the Governor with specific authority to address such a situation.

Power Shift

The results have dramatically altered West Bengal’s political landscape. The BJP has crossed the majority mark comfortably, while the TMC has been reduced to around 80 seats, marking a steep decline from its previous tally. Banerjee’s loss in her own stronghold underscores the scale of the electoral reversal and signals a clear shift in public mandate.

Governor’s Authority

Under Article 164 of the Constitution, the Chief Minister holds office at the pleasure of the Governor. If a Chief Minister loses the election or no longer commands a majority yet refuses to resign, the Governor has the authority to dismiss them. A formal order can be issued to remove the incumbent government, ensuring that constitutional norms are upheld.

Floor Test Route

In line with established conventions, the Governor may also call a special session of the Assembly to test the government’s majority. Given the current numbers, it would be impossible for Banerjee to prove majority support. Failure in such a floor test would compel the Chief Minister to step down.

Last Resort

If a constitutional deadlock persists, it may be treated as a breakdown of constitutional machinery. In such cases, the Governor can recommend President’s Rule under Article 356. Once imposed, governance shifts to the Centre, effectively ending the Chief Minister’s authority.