Mamata Government Must Immediately Be Dismissed to Promulgate President Rule

 There is little doubt that, in the last few days, Mamata Banerjee has gone completely insane. She urgently needs proper mental treatment. Although earlier she was also known for her bizarre behaviour, which was considered a sign of her struggling nature.

A politician can indeed sink to any level to gain and retain power, but it is difficult to imagine that a politician like Mamata Banerjee could reach the lowest ebb in public life, and even after being comprehensively defeated at the hustings, refuse to vacate the post of Chief Minister. She talks very highly of morality, constitution and compassion, but her actions are entirely contrary to what she preaches. In fact, there is a world of difference between what she says and what she does.

She contested the election in the name of constitutional democracy, but now, very shockingly, refuses to step down after her and her party’s defeat in the elections.

Thanks to the sagacity of the Election Commission of India and the Central forces, the elections to the Bengal assembly were, for the first time, the most peaceful, despite all efforts by the goondas to create mayhem. Now, while everything was going smoothly, she created a constitutional crisis by refusing to resign as Chief Minister.

The Governor, therefore, has no choice but to dismiss her government under Article 172, read with Article 164, to maintain peace and tranquillity. Thereafter, he will have to constitute the assembly and administer the oath of office of the Chief Minister to a person who enjoys the confidence of the House.

While the political tension is palpable, it's worth separating the heated rhetoric from the constitutional reality. Article 172(1) dictates that a Legislative Assembly exists for exactly five years from its first meeting. For the current assembly, that clock runs out today, May 7, 2026.

Once the term expires, the government no longer has a legal assembly to be responsible to. If a Chief Minister doesn't resign by then, the Governor doesn't just have an option but a constitutional obligation to ensure a government that reflects the new mandate is sworn in.

Under Article 164(1), the Chief Minister and Council of Ministers hold office "during the pleasure of the Governor." Conventionally, the "pleasure" is withdrawn only when a government loses a floor test. In this scenario, where the election results are clear, and the incumbent has even lost her own seat, the Governor can legally withdraw that "pleasure" if the CM refuses to step down after the results are notified.

With the assembly term ending in less than 24 hours, the Governor will have to formally invite the leader of the majority party to form the government. And dismiss the current cabinet if no resignation is tendered, citing the expiration of the assembly's term and the withdrawal of "pleasure" under Article 164.