West Bengal Governor R N Ravi dissolved the state legislative assembly on Thursday, May 7, following the Bharatiya Janata Party’s big victory in the Assembly elections. However, the outgoing Chief Minister Mamata Banerjee, has refused to step down from office, declining to visit Raj Bhavan to submit her resignation despite the election results. She said that she had “not lost” the election. However, according to the Election Commission of India (ECI), Banerjee was defeated by BJP leader Suvendu Adhikari in Bhabanipur by a margin of more than 15,00 votes.
BJP Registers Historic Win In Bengal
The BJP won a decisive mandate in West Bengal, winning 207 seats in the 294-member Assembly, while the Trinamool Congress was reduced to 80 seats. This is the first time that the BJP is set to form a government in the state.
Amit Shah Arrives In Kolkata
Union Home Minister Amit Shah arrived in West Bengal on Friday and is scheduled to chair the BJP Legislative Party meeting in Kolkata later in the day.
Shah has been appointed the Central Observer for the election of the BJP legislative party leader in the state. During the meeting, the party is expected to formally elect its leader, with Suvendu Adhikari emerging as the frontrunner to become the BJP’s first chief minister in West Bengal.
What the Constitution Says About Dissolution Of Assembly & Formation of New Govt
Legal experts say that the constitutional position following the dissolution of the Assembly is clear. Once the Assembly is dissolved under Article 174(2)(b), its tenure ends, and the institutional basis of the Council of Ministers also ceases to exist.
In such a situation, the outgoing Chief Minister can only continue in a caretaker capacity if the Governor requests it until a new government is sworn in.
Does Mamata Banerjee Have Any Constitutional Option?
Legal experts say that Mamata Banerjee currently has no viable constitutional route to continue as a regular Chief Minister.
The dissolution of the Assembly effectively ends any claim to continue in office because there is no House remaining to which the government can be collectively responsible.
“The Chief Minister derives democratic legitimacy from the confidence of elected MLAs, and once the Assembly ceases to exist, that institutional foundation falls away. There is, therefore, no direct constitutional remedy that enables Mamata Banerjee to continue in office as Chief Minister beyond a transitional caretaker arrangement,” NDTV quoted a legal expert.
Zubair Amin is a Senior Journalist at NewsX with over seven years of experience in reporting and editorial work. He has written for leading national and international publications, including Foreign Policy Magazine, Al Jazeera, The Economic Times, The Indian Express, The Wire, Article 14, Mongabay, News9, among others. His primary focus is on international affairs, with a strong interest in US politics and policy. He also writes on West Asia, Indian polity, and constitutional issues. Zubair tweets at zubaiyr.amin
