Bengal Speaker Administers Oath To 2 TMC MLAs, Raj Bhavan Flags 'Constitutional Impropriety' In Letter To Prez Murmu

West Bengal Assembly Speaker Biman Banerjee on Friday administered the oath to two newly-elected TMC MLAs himself, leading to accusations of constitutional impropriety from Raj Bhavan.

Newly elected TMC MLAs Rayat Hossain Sarkar and Sayantika Banerjee were administered oath on Friday, after staging protests outside the West Bengal Legislative Assembly premises for their swearing-in ceremony. (Photo: PTI)

Source : PTI

Defying Bengal Governor C V Ananda Bose's directive to appoint Deputy Speaker Asish Banerjee for the task, West Bengal Assembly Speaker Biman Banerjee on Friday administered the oath to two newly-elected TMC MLAs himself, leading to accusations of constitutional impropriety from Raj Bhavan.

Following the incident, the Governor sent a report to President Droupadi Murmu, accusing Speaker of  violating constitutional norms, news agency PTI reported.

Bose wrote to the President, stressing that the oaths administered by the Bengal Speaker at the state Assembly was unconstitutional, a Raj Bhavan official said.

Concluding the month-long impasse between the Governor and the assembly regarding the swearing-in ceremony's venue and the administering authority, two TMC MLAs--Rayat Hossain Sarkar from Bhagwangola in Murshidabad district and Sayantika Bandopadhyay from Baranagar were finally sworn in.

Both of them had been staging a sit-in protest at the assembly premises, protesting against the Governor's earlier stance that the Speaker will administer oath within the assembly premises, in line with House conventions.

Deputy Speaker Asish Banerjee Declined To Administer Oath

In a sudden turn of events, Governor Bose on Thursday evening, gave Deputy Speaker Asish Banerjee the administering authority. He retracted his earlier stance that the MLAs would be sworn in at Raj Bhavan and said the oath will be administered in the assembly on Friday, PTI reported.

Deputy Speaker Asish Banerjee, however, declined to administer the oath to the MLAs, saying that it would be inappropriate to do so in the Speaker's presence.

"It is against the norms for the Deputy Speaker to administer the oath when the Speaker is present in the Chair. It would disrespect the Speaker's position," he said in the assembly.

Subsequently, Biman Banerjee called the MLAs to the floor and administered the oath himself, while TMC members cheered with 'Jai Bangla' slogans.

Defending his actions, Asish Banerjee said: "I followed the rules of the assembly. According to Rule 5 of the assembly proceedings, if the Speaker is present, I cannot administer the oath." 

Thereafter, Raj Bhavan posted on social media that a report will be sent to President Murmu, underlining the constitutional impropriety of the Speaker, who administered the oath instead of the Deputy Speaker, whom the Governor had appointed.

"The constitutional transgression has been done in spite of Hon’ble Governor appointing Deputy Speaker as the person before whom the two newly elected MLAs shall make and subscribe an oath or affirmation," a statement from Raj Bhavan read.

Governor Does Not Have Authority To Dismiss Me, Says Banerjee

Responding to the Governor's letter, Speaker Biman Banerjee stated: "The Governor does not have the authority to dismiss me. I have already informed the President about the situation and sought her intervention."

Meanwhile, State Parliamentary Affairs Minister Sobhandeb Chattopadhyay said no House rules were violated and the Assembly proceedings were carried out as per Rule 5.

The Governor appointed the deputy speaker, who then recused himself citing Rule 5, as administering the oath in the Speaker's presence would have been disrespectful.  

Meanwhile, the BJP legislative party did not attend the session, citing there was no prior notice.

After being sworn-in, former actor-turned politician Bandopadhyay said: "We are very pleased to have been sworn in within the assembly. Due to the delay in our oath-taking, we were unable to serve our constituencies as MLAs."