Kolkata: West Bengal has entered an extraordinary constitutional transition after Governor R. N. Ravi dissolved the state Assembly even as outgoing Chief Minister Mamata Banerjee refused to resign following her party’s crushing electoral defeat. The BJP is set to form government on May 9, but the dramatic developments have sparked a major debate over who currently holds administrative control of the state.
The constitutional confusion began after the Governor invoked Article 174(2)(b) to formally dissolve the 17th West Bengal Legislative Assembly with effect from May 7. The move cleared the path for formation of the new BJP-led government after the party secured a massive mandate in the Assembly elections.
Despite the dissolution, Mamata Banerjee did not submit her resignation and alleged that the election mandate had been “stolen.” However, constitutional experts quoted in reports clarified that a Chief Minister’s authority is linked to the Assembly and legislative majority, not merely to personal refusal to resign. Once the Assembly’s tenure ends or it is dissolved, the existing government effectively loses its constitutional legitimacy unless allowed to continue temporarily by the Governor in a caretaker capacity.
Legal experts explained that this situation does not automatically amount to President’s Rule under Article 356 because a new government is already scheduled to take oath shortly. Instead, it is being viewed as a temporary constitutional transition period between two elected governments.
The BJP is expected to elect its legislative party leader before the swearing-in ceremony in Kolkata on May 9. Senior BJP leaders, including Narendra Modi and Amit Shah, are likely to attend the event.
For now, West Bengal remains in a politically charged interim phase, with the Governor overseeing the constitutional transition until the next government formally assumes office.