Bengal governor C V Ananda Bose plaint to President Droupadi Murmu as speaker administers oath to MLAs

KOLKATA: Bengal assembly speaker Biman Banerjee on Friday administered the oath of office to newly elected MLAs Sayantika Banerjee and Reyat Hossain Sarkar, prompting governor C V Ananda Bose to complain to President Droupadi Murmu alleging "constitutional impropriety".
Speaker Banerjee said he had "adhered to rules" and the "proceedings were recorded", adding that neither the governor nor the President could remove an assembly speaker.
On Thursday night, Bose had authorised deputy speaker Asish Banerjee to swear in the duo under Article 188 of the Constitution. The email reached the assembly at 9.22pm. On Friday, before the assembly convened for a special session, the business advisory committee decided that the speaker should administer oath to the MLAs. When the session began at 2pm, speaker Banerjee said: "I have been informed that both MLAs are present in the assembly. The first place where justice is dispensed to the common man is the Parliament or legislative assembly. The failure to administer oath to them has restricted me from nominating them to the committees of the assembly."
The deputy speaker rose to express his inability to administer the oath (as per the governor's directive). "The speaker is present in the House. In his presence, I cannot be blind to norms (and administer oath). This will be disrespectful and demeaning to the chair," he said, urging the speaker to administer the oath. Banerjee did it immediately.
State parliamentary affairs minister Sobhandeb Chattopadhyay said Rule 5 of Chapter II of Rules and Procedure of Conduct of Business in the assembly said that an "MLA who has not taken oath in pursuance of Art 188 may do so at commencement of a sitting of the House, or at any other time of the sitting of the House, as the Speaker may direct".
No law had been violated, Chattopadhyay said. "We followed norms. The deputy speaker said that the oath cannot be administered by him as the speaker is present in the assembly. He pleaded with the speaker to administer oath."
The governor, however, differed. Stressing on Article 188 which says that MLAs should take their oath either from the governor or any person appointed by the governor, Bose alleged: "This constitutional transgression has been done in spite of the governor appointing deputy speaker as the person before whom the two MLAs shall take oath." After the assembly rules were cited, Bose said: "It is elementary knowledge that Constitution is above any rule."
Banerjee reiterated that he had written to the governor for arranging the oath and then to the President after failing to get a reply. "I would have been happy if the governor had informed me earlier. I will not reply to the governor. What I have done has been done as per law and recorded in the proceedings of the assembly. Neither the governor nor the President has any power to act against the speaker of the assembly," he said.