POWERS OF GOVERNOR

An article written by R. B. Singh that was originally published in Our Leader (Allahabad edition) on October 17, 1993

    Shri Dharam Vira Governor of west Bengal dismissed Shree Ajoy Kumar Mukherjee from the Chief Ministership of West Bengal on Nov. 21, 1967 and dissolved his cabinet. He appointed Dr. P. C.  Ghosh, as Chief Minister of west Bengal and on his advice Shree Harendra Nath Majumdar and Dr. Ali Mullah as Ministers and sworn them the same evening. He summoned the legislature to meet on November, 29, 1967. When the Legislative Assembly met on the appointed day Shree Bijoy Kumar Banerjee, Speaker of the West Bengal Legislative Assembly gave the following ruling:

     “Honourable Members, this house meets under extraordinary circumstances. I am ‘prima facie’ satisfied that the dissolution of the Ministry headed by shree Ajo Kumar Mukherjee, appointment of Dr. P. C. Ghosh as Chief Minister and the summoning of this House on his advice is unconstitutional and invalid since it has been effected behind the back of this House. Pending a full and proper examination of the matter, in exercise of powers vested in me under Rule 15 of the Rules of Procedure of this assembly, I adjourn the House ‘sine die’.

     The House will remember that when it was prorogued on august 3, the Council of Ministers was headed by the Chief Minister Ajoy Kumar Mukherjee and others. This was the Council of Ministers that was collectively responsible to this House in terms of Article 164(2) of the Constitution.

     “As I understand the constitutional position, the only authority competent to decide whether or not a Council of Ministers should continue in office of this House. A adverse vote against the Council of Ministers in this House necessarily leads to a position when that particular Council of Ministers no longer enjoys the Confidence of this House and hence it continuance in office would be a violation of Article 164(2) of the Constitution.