Form of words:
Kolkata: For weeks now, there have been no public exchanges between West Bengal Governor Jagdeep Dhankhar and Chief Minister Mamata Banerjee, whose ties have been weak – and apparently – since the former’s swearing-in in July 2019.
But two letters accessed exclusively by ThePrint show that the trust deficit between the two parties has not waned.
The letters, exchanged between the governor and the chief minister last week, deal with Dhankhar’s concerns about the violence that followed the West Bengal assembly elections earlier this year. Mamata Banerjee’s Trinamool Congress won the third consecutive victory in the election.
In a letter dated October 8, the governor said that top civil servants are providing “cover to errants and those who violate the law”.
He referred to a note sent to the Chief Secretary (CS) on June 8, in which he had sought a report on the deteriorating law and order situation in the state and the post-poll violence. Four months later, he said in the latest letter, there has been no response from the Chief Secretary on this and other issues repeatedly raised by him.
“Such constitutional collapse, outrageous culpable conduct and bureaucratic infirmity, that too by an officer at the helm of the state bureaucracy, and such frivolous excuse cannot be considered,” he wrote.
“The acts of CS and official omissions and commissions have unfortunately provided shield cover to those who are facing the wrath of the law. There cannot be a better example of abuse of office as a public servant.
In her response sent the same day, Mamata cited earlier communication in the Speaker’s chamber in the Assembly, telephonic conversations and the October 7 discussion on the issue of the Governor’s direct note to civil servants.
He said, “It was clearly stated by me that all such matters on which any information is required from the State Government may be referred to me directly, as enshrined in Article 167 of the Constitution and Parliamentary Democracy.” in the traditions and practices,” she said. .
“The authorities are neither expected nor required to correspond directly with you.”
Mamata asked the governor to “get ahead of the chief minister and refrain from making demands directly to the officials”, and called his actions “unconstitutional”.
“There is no such provision in the Constitution that the Governor, bypassing the Chief Minister, can directly interact with the officers or seek reports from them. However, the Chief Secretary, Home Secretary and Director General of Police have been generally advised to meet you once in a month as per your convenience so that they can brief you about policy matters and proposals for legislation,” the Chief Minister said.
Read also: Elections over, but there is no shortage of Governor Dhankhar’s ‘activism’ in Mamata’s Bengal
Article 167
In her letter, Banerjee referred to Article 167 of the Indian Constitution to support her stand on the Raj Bhavan’s right to seek information from the government. Dhankhar also Specified For the constitutional provision, which on earlier occasions explained the duties of the Chief Minister in relation to the Governor.
“It shall be the duty of the Chief Minister of every State to inform to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for law; to furnish such information relating to the administration of the affairs of the State and proposals of law.” for which the Governor may requisition; and if the Governor so requires, submit for the consideration of the Council of Ministers any matter which has been decided by a Minister but which has not been considered by the Council.” it says.
Speaking to ThePrint, constitutional expert Prof. Amal Kumar Mukhopadhyay said, “The governor has the right to seek information from the state administration or the council of ministers on legislative proposals”.
“It is the duty of the chief minister to inform them. If the Chief Minister challenges their rights, then they are not aware of the Constitution.
Commenting on the CM’s reasoning regarding the Governor’s direction to the Chief Secretary, Mukhopadhyay said, “The Chief Secretary is the principal officer of the State Government. The Governor shall expressly call upon him to present or furnish information. And he is obliged to provide that to her.”
‘Worst phase’
There have been several public disputes between Governor Jagdeep Dhankhar and CM Mamata Banerjee in the last two years. Diatribes were lobbied at press conferences, and letters of criticism were exchanged between the two offices on social media or shared with the media.
For example, Dhankhar soon after taking over as governor in 2019 told reporters There was “some kind of censorship in Bengal” after officials from the two districts reportedly refused to meet him. A few days ago, he said In a media address he felt “humiliated” at the Durga Puja event. Addressing the media once again around the same time, he Cited Some allegedly made derogatory remarks by state ministers and asked Mamata to rein in them.
this June, he tweeted About an alleged conversation he had with Mamata before deciding to skip a cyclone review meeting with PM Narendra Modi at Yas, and said that “arrogance dominates public service”.
war of words flared up same month – through personal press meetings – as They interrogated each other on corruption charges.
In May, he questioned His tour of the areas affected by the post-election violence. a year ago, he Guilty of him trying to “grab the powers” amid the pandemic.
Since June, however, there have been only two to three instances where the governor has tweeted Receive information or reports from the state government relating to the law and order situation, state finances and industry affairs, including one in which he questioned the appointment on the alleged violation of his authority.
Government @MamataOfficial The 4th State Finance Commission (SFC) seeks to re-appoint the Chairman Dr. Abhirup Sarkar and the members as the 5th SFC, despite the constitutional failure to recommend it to the Governor.
Those who must be held accountable certainly cannot be rewarded. pic.twitter.com/WXz5te6ATw
— Governor of West Bengal Jagdeep Dhankhar (@jdhankhar1) September 22, 2021
Chief Secretary @MamataOfficial Called me to apprise me of the dangerous law and order situation after the elections.
Since they had no input in this regard, no progress could be made. In this situation they have been requested to update from all aspects and then update. pic.twitter.com/hHvtvPyw52
— Governor of West Bengal Jagdeep Dhankhar (@jdhankhar1) June 7, 2021
In these three months, Mamta once met Dhankhar at the Raj Bhavan. Meanwhile, the Governor met PM Modi once in Delhi on August 11 and Union Home Minister Amit Shah twice – in August and September – in Delhi.
However, Speaking to ThePrint about the latest papers, A West Bengal civil servant on condition of anonymity said the relationship between Mamata and Dhankhar is at its “worst” stage.
(Edited by Sunanda Ranjan)
Read also: Mamta is now calling Dhankhar ‘corrupt’ in the 1996 hawala case. He says ‘CM is crossing the border’
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