Trinamool MLAs sworn in by Speaker; Governor cries foul

Sub: Polity

Sec: Parliament and Legislature

Context:

West Bengal Governor CV Ananda Bose on 5th July cried foul as the Speaker administered the oath to two newly elected Trinamool Congress legislators, instead of the Deputy Speaker who had been authorized by the governor for the job.

Key Highlights:

A report is being sent to the Hon’ble President about the Constitutional impropriety of the Speaker in administering the oath of affirmation to the newly elected MLAs.
The oath was administered under rule 5 of the Rules of Procedural Conduct of Business of The West Bengal Legislative Assembly.
Governor cited that the oath was violative of Article 188 of the Constitution.
Leader of Opposition Suvendu Adhikari said that the administering of the oath to the MLAs was done by an illegal process and he would take it up in his official capacity.

Constitutional Provisions:

Article 188 of the Constitution states that 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.