West Bengal: Amid Oath Controversy Two TMC MLAs Sworn In

Kolkata: Two newly-elected Trinamul Congress MLAs— Sayantika Banerjee and Rayat Hossain Sarkar— took their oath from Assembly Speaker Biman Banerjee at a special session in the House on Friday after a month-long dilemma over their swearing-in ceremony at Raj Bhavan following their victory in the West Bengal bypolls.

After becoming the member of the House, Ms Banerjee, the Baranagar legislator, said, “I am very happy. I can sleep peacefully,” while Mr Sarkar, the Bhagwangola legislator, said, “What should have happened earlier happened a bit late. We gained some experience.”

Governor CV Ananda Bose, who had on Thursday authorised Deputy Speaker Ashish Banerjee to administer the oath to the two TMC MLAs, however expressed his displeasure at the conduct of the Speaker and spoke about a report being sent to President Droupadi Murmu for not following his order.

The Raj Bhavan said in a question-answer format statement, “Q. Speaker has defied Constitutional prescription. What next. Ans: A report is being sent to the Hon'ble President about the Constitutional impropriety of the Speaker in 'administering' the oath or affirmation to the two newly elected MLAS.”

It observed, “This 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.”

The Raj Bhavan pointed out, “Q. What is the Constitutional provision regarding oath or affirmation of MLAs: Ans: 188. Oath or affirmation by members. Every member of the Legislative Assembly or the Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule."

It added, “Q. Speaker has cited some Rules. Can any Rule be above the Constitutional provision? Ans: It is elementary knowledge that Constitution is above any Rule.” The Speaker however said, "I would have been happy if he (the governor) would have approached the President like we did earlier. Whatever I did, was according to law."