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- Bengal Governor Said It Is Unconstitutional To Administer Oath To Two MLAs By Speaker
Kolkata13 minutes ago
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On May 3, a woman working at the Raj Bhavan filed a complaint of sexual harassment against Governor Bose. (File)
Speaker Biman Banerjee administered oath to TMC MLAs who won the by-elections on two assembly seats in West Bengal on Friday (5 July). Governor Anand Bose called it unconstitutional. For this, he also wrote a letter to President Murmu.
Anand Bose, citing Article 188 of the Constitution, said on the social media platform X that the Deputy Speaker was entrusted with the responsibility of administering the oath to the MLAs. According to the Constitution and traditions, the person authorized by the Governor to administer the oath has to administer the oath.
Deputy Speaker and Deputy Speaker of the House Ashish Banerjee said that it is against the rules for the Deputy Speaker to administer the oath when the Speaker is present in the chair. According to Rule 5 of the Assembly Proceedings, if the Speaker is present, I cannot administer the oath. If I had administered the oath by going against the rules, it would have been considered an insult to the post of the Speaker.
On this Anand Bose said that can any rule be above the constitution? Everyone knows that the constitution is above any rule.
West Bengal Speaker Biman Banerjee (centre) on Friday administered the oath of office to Rayat Hossain Sarkar (right), MLA from Bhagwangola in Murshidabad district, and Sayantika Bandopadhyay (left), MLA from Baranagar seat on the northern outskirts of Kolkata.
Understand the whole matter in 5 points…
- By-elections were held for the Bhagwangola assembly seat in West Bengal’s Murshidabad district and the Baranagar assembly seat on the northern outskirts of Kolkata during the Lok Sabha elections. TMC leader and actress Sayantika Bandopadhyay won the Baranagar seat. At the same time, TMC’s Rayat Hussain Sarkar won the Bhagwangola assembly seat.
- Governor Anand Bose called both the MLAs to Raj Bhavan to take oath. Both the MLAs refused and said that our oath should be taken in the assembly. In case of winning the by-election, the Governor gives the responsibility of administering the oath to the Speaker or Deputy Speaker of the Assembly.
- Both the MLAs started a sit-in protest in front of Ambedkar’s statue to demand their demand. Meanwhile, Assembly Speaker Biman Banerjee wrote a letter to President Draupadi Murmu on June 27 asking her to intervene in the matter of the swearing-in of the MLAs.
- After the 7-day long sit-in protest, Governor Anand Bose entrusted the responsibility of administering the oath to the two MLAs to the Deputy Speaker Ashish Banerjee on July 4. On Friday, July 5, the Deputy Speaker said that according to Rule 5 of the proceedings of the Assembly, I cannot administer the oath in the presence of the Speaker.
- After this, Speaker Biman Banerjee administered the oath to both the MLAs. When the MLAs took oath, the TMC members of the assembly raised slogans of ‘Jai Bangla’. After this, the House was adjourned. Shortly after the adjournment, Anand Bose posted on X and called the oath taking unconstitutional.
Both the MLAs had staged a dharna with placards in front of Ambedkar’s statue. The picture is of July 2.
MLA Sayantika said- Governor is responsible for the delay
We were very happy to take oath inside the assembly. Due to the delay in our swearing in, we were unable to serve our constituencies as MLAs. Our term is less than two years. In such a situation, time was important to serve the public. The people of my constituency could not get service, the governor is responsible for this.
What does Article 188 say?
- Articles 188 and 193 of the Constitution mention the oath taking process and rights of legislators.
- Article 188 states that every member of the Legislative Assembly or Legislative Council of any State shall make and subscribe oath before the Governor or a person appointed by the Governor.
- If the MLA does not take the oath under Article 188 and participates in the proceedings of the Assembly, then Article 193 provides for punishment for the MLA.
Read this news also…
Woman alleges Governor sexually harassed her, why can’t Governor Bose be arrested and investigated
Night of 2 May 2024. PM Narendra Modi was about to reach Raj Bhavan in Kolkata. After spending the night here, he had to attend several election programs in West Bengal the next day. A few hours before the PM’s arrival, a woman alleged that Governor CV Anand Bose had sexually harassed her on two separate occasions.
Despite the woman’s complaint, no case has been registered against the Governor under the sections of sexual harassment. The Bengal Police is taking legal advice on how to take action in this case. The reason for this is that the person holding the post of Governor has immunity from cases and arrest under the Constitution. Read full news…
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