Resumption of Bengal assembly: Fresh Cabinet note is necessary for changing session timing, says Governor
Based on a Cabinet recommendation where the timing for reconvening the House was mentioned as 2 am instead of 2pm because of a 'typographical error', the Governor had earlier said that the Assembly session would resume at 2am on March 7.
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West Bengal Governor Jagdeep Dhankhar (File)Governor Jagdeep Dhankhar on Saturday said a fresh recommendation from the state Cabinet is necessary for reconvening the Assembly session at 2pm on March 7 instead of 2am, saying that doing so on the request of the chief secretary will not be in accordance with the Constitution.
Based on a Cabinet recommendation where the timing for reconvening the House was mentioned as 2 am instead of 2pm because of a ‘typographical error’, the Governor had earlier said that the Assembly session would resume at 2am on March 7. “(A) Cabinet decision is essential for the Governor to consider (a) change of timing of the Assembly session from presently 2am to 2pm on March 7. Governor acts only on Cabinet recommendation and none can be ‘face’ or ‘representative’ of the Cabinet,” the Governor said in a fresh tweet.
“In view of this settled view, Governor declined to entertain a request from CS to change the assembly summoning time, and thereby vary cabinet decision at his instance. Acceding CS request would have been gross violation of constitution & ought to have been mindful of law,” Governor added.
“For (a) change in the time of Assembly session from 2am to 2pm on March 7, the Cabinet is required to send such recommendation and recall its earlier decision. (The) Issue will be addressed with promptitude once there is such recommendation of the cabinet,” Governor further said.
A statement signed by the Governor’s officer on special duty (OSD) quoted Article 163 of the Constitution saying that the council of ministers, with the Chief Minister as its head, aids and advises the Governor. “This comes into play when (the) Governor is required to summon the Assembly under article 174(1) of the Constitution. A recommendation of the Cabinet is liable to be varied or changed only by the Cabinet and no other authority. In view of this settled view, the Governor declined to entertain a request from (the) Chief Secretary to change the Assembly summoning time, and thereby vary the Cabinet decision at his instance,” it said.
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