A Breach of democratic norms
Mamata Banerjee’s refusal to resign is a serious constitutional issue. Article 164(1) of the Indian Constitution reads: “The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor”. The phrase “during the pleasure of the Governor” means the CM’s position is not permanent. It depends on the confidence of the Assembly.
Article 164(2) further states that the Council of Ministers is collectively responsible to the Legislative Assembly.
Once election results are declared and a new Assembly is constituted, if the ruling party loses its majority, constitutional convention demands that the CM resign immediately so that the Governor can invite the leader of the majority party to form the Government. This is not a written clause but a well-established democratic convention that has been followed for 75 years.
The Supreme Court in the landmark SR Bommai vs Union of India (1994) case ruled that a CM’s authority rests solely on the floor of the Assembly. A floor test is the only legitimate way to test the majority.
Outgoing CMs of Tamil Nadu and Kerala, MK Stalin and Pinarayi Vijayan, accepted the people’s verdict and resigned on Monday. The Governors kept them as caretaker CM only until the new Government could be formed.
By not resigning, Mamata is delaying the Governor’s constitutional duty to invite the majority party (BJP) to form the Government. A caretaker Government cannot take major policy decisions, leaving the entire State in limbo. If Governor RN Ravi invites BJP leader Suvendu Adhikari to form the Government, Mamata’s stance could trigger an ugly confrontation. The Governor even has the option of recommending President’s Rule under Article 356 as a last resort.
Mamata Banerjee’s refusal is creating a dangerous precedent: if every defeated CM starts saying “I have not lost” and refuses to step down, elections become meaningless. The people of West Bengal have spoken loudly and clearly. A 127-seat margin is not a close contest. Refusing to accept it disrespects the voters of West Bengal.
