July 30, 2021


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Mamata Banerjee: Tirath Singh Rawat’s chair in Uttarakhand…now ‘constitutional crisis’ hovering over Mamata Banerjee in Bengal, understand how



  • Tirath Singh Rawat had to leave the chair within 4 months in Uttarakhand
  • There were no members of the assembly, the election is difficult due to Corona
  • Constitutional crisis looms large over Mamata Banerjee’s chair in Bengal
  • Mamta vacated Bhawanipur seat but still suspense on election

Tirath Singh Rawat had to step down from the post of Chief Minister in Uttarakhand. He submitted his resignation to the Governor because of the constitutional crisis. Actually Tirath Singh Rawat was not a member of the assembly and in the present situation it was difficult to hold the by-election. So he resigned. Meanwhile, after Tirath Singh Rawat, it may be difficult for West Bengal Chief Minister Mamata Banerjee.

Why is there a constitutional obligation?
Tirath Singh Rawat was sworn in as the Chief Minister of Uttarakhand on 10 March 2021. In such a situation, he was required to be a member of either house before 10 September. Tirath has spoken of resignation citing constitutional crisis and Article 164. According to Article 164(4), if a minister is not a member of the State Legislature (Vidhan Sabha or Legislative Council) for a period of 6 months, then the term of the minister shall also expire after the expiry of that period. In this respect the situation of West Bengal is also looking similar to that of Uttarakhand. Here CM Mamta Banerjee is not yet a member of the assembly.

Mamta got the seat vacated but when the election?
Mamta Banerjee took oath as the Chief Minister on 4 May. In such a situation, it is necessary for him to become a member of the Legislative Assembly within six months from the day of taking oath i.e. by November 4 and this is a constitutional obligation. She has also vacated one seat (Bhawanipur) for herself, but she will be able to become a member of the assembly only if elections can be held within the stipulated period. All elections have been postponed by the Central Election Commission due to Corona. Nothing can be said about when the election process will start. In such a situation, if the Election Commission does not take a decision regarding the Bhawanipur by-election by November, then there can be a threat to Mamta’s throne as well.
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Mamta’s Legislative Council bet failed
When the commission was conducting elections in Bengal, many political parties had accused the commission of playing with people’s lives. In such a situation, until it is ensured that no one’s life is in danger due to the conduct of elections, then there is no chance of elections being held. Understanding the situation, Mamta tried to find a way out of the Legislative Council. He got the resolution passed through the assembly that a Legislative Council should be formed in the state, but without the approval of the Lok Sabha, this is not possible. His relationship with the central government is well known. In such a situation, the way of the Legislative Council is also not possible.

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Uddhav Thackeray’s chair was in crisis
Maharashtra Chief Minister Uddhav Thackeray is also caught in a similar problem. He was not a member of any House when he took oath as the Chief Minister on 28 November 2019. He was to become a member of either house by 27 May 2020. It was a matter of consolation for him that Maharashtra has a Legislative Council and elections for its seven seats were to be held in April 2020.

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Uddhav Thackeray’s plan was that he would go to the Legislative Council. Then the first wave of Corona arrived and the elections were postponed. Then the trouble of Uddhav Thackeray had increased. The cabinet sent a proposal to nominate him from the governor for the seat with the nomination quota, but the governor stopped that too.


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The matter was made out of personal relations with Modi and mediation of Pawar
In a way, Uddhav Thackeray had to resign, that is, Uddhav Thackeray’s personal relationship with Prime Minister Narendra Modi and Sharad Pawar’s mediation eased his trouble. BJP did not register any objection and the Election Commission fixed the election schedule of the Legislative Council in May citing special circumstances and her chair was saved but nothing like this is going to happen for Mamta.


Mamata Banerjee and Tirath Singh Rawat (file photo)