On Thursday, the governor's office issued a statement saying that the vice president had been appointed by him to administer the oath of office to newly elected lawmakers.
However, Asish Banerjee on Monday told the media that with the president present he would not administer the swearing-in ceremony. He also maintained his position on Friday and was finally sworn in by the Speaker of the House at the beginning of the one-day special session of the Assembly on Friday.
After the oath-taking ceremony was over, the Trinamool Congress legislators raised “Jai Bangla” slogans inside the House.
Political observers believe this will open another round of clashes between Raj Bhavan and the ruling party, considering that certain constitutional provisions give the Governor the final say when it comes to the oath of office of newly elected MPs.
Legal experts say that Articles 188 and 193 of the Constitution give maximum authority to the Governor in this regard.
Article 188, which deals with the oath or affirmation of members of the Legislative Assembly or Council, clearly states: “Every member of the Legislative Assembly or Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person designated in that name by him, an oath or affirmation in accordance with the form established for that purpose in the Third Schedule.”
Article 193, which deals with the penalty for sitting and voting before taking the oath or affirmation under Article 188 or when unqualified or when disqualified, states: “If a person sits or votes as a member of the Legislative Assembly or of the Legislative Assembly Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or is disqualified from being a member thereof, or is prohibited from doing so by the provisions of any law made by the Parlament. or the Legislature of the State, he shall be liable, in respect of each day on which he meets or votes, for a fine of five hundred rupees which shall be recovered as a debt due to the State."
However, Asish Banerjee on Monday told the media that with the president present he would not administer the swearing-in ceremony. He also maintained his position on Friday and was finally sworn in by the Speaker of the House at the beginning of the one-day special session of the Assembly on Friday.
After the oath-taking ceremony was over, the Trinamool Congress legislators raised “Jai Bangla” slogans inside the House.
Political observers believe this will open another round of clashes between Raj Bhavan and the ruling party, considering that certain constitutional provisions give the Governor the final say when it comes to the oath of office of newly elected MPs.
Legal experts say that Articles 188 and 193 of the Constitution give maximum authority to the Governor in this regard.
Article 188, which deals with the oath or affirmation of members of the Legislative Assembly or Council, clearly states: “Every member of the Legislative Assembly or Legislative Council of a State shall, before taking his seat, make and subscribe before the Governor, or some person designated in that name by him, an oath or affirmation in accordance with the form established for that purpose in the Third Schedule.”
Article 193, which deals with the penalty for sitting and voting before taking the oath or affirmation under Article 188 or when unqualified or when disqualified, states: “If a person sits or votes as a member of the Legislative Assembly or of the Legislative Assembly Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or is disqualified from being a member thereof, or is prohibited from doing so by the provisions of any law made by the Parlament. or the Legislature of the State, he shall be liable, in respect of each day on which he meets or votes, for a fine of five hundred rupees which shall be recovered as a debt due to the State."
