Below Article 188, oath or affirmation is to be made earlier than the Governor or some individual appointed by him.
Former Supreme Court decide Ashok Kumar Ganguly advised ET, “Article 188 permits the Governor to manage oath. Nevertheless, typically, he delegates the ability to the Speaker of Legislative Meeting or Legislative Council. We’ve seen that the oath is usually administered by the Speaker. That’s the common apply. Usually, the Governor delegates the ability of giving the oath to the Speaker. Nevertheless, if the Governor desires to manage it himself, he can all the time do it”.
Citing the same instance, the Constitutional knowledgeable elaborated: “Within the Excessive Courtroom, it’s the Governor who has the ability to manage the oath however the energy is usually delegated to the Chief Justice.” Ganguly was a former Supreme Courtroom justice and Chairman of the West Bengal Human Rights Commission.
With the Governor agency on his stand on administering the oath, the Speaker would possibly skip the oath taking ceremony, sources mentioned.
Mamata Banerjee had taken oath as Chief Minister on Might 3. However she has to take oath as an MLA now, to retain her chair. Banerjee was defeated by BJP’s Suvendu Adhikari in Nandigram by a margin of 1,956 votes, necessitating her to contest elections a second time.
The Governor and the state authorities have been at loggerheads since July 2019 ever since Jagdeep Dhankhar was appointed Governor. The latest tussle was over the alleged post-poll violence.