Alright it’s out of hands now – West Bengal needs President rule. And it needs to happen now

The state of West Bengal which has been one of the most troubled states in the country in terms of violence and denial of Fundamental Rights in the recent past has once again come into limelight for all the wrong reasons. In the violence that was triggered after the passage of the Citizenship Amendment Act, 2019, anti-social elements have run riot in different parts of the state torching 5 trains, 3 railway stations and a dozen buses.

The state authorities have, however, remained unfazed in the face of such violence. The Mamata Banerjee government has itself been one of the provocative elements spewing venom against the Centre and creating panic about the legislation. This is nothing new as West Bengal CM Mamata Banerjee’s brand of governance has always given the idea that she governs West Bengal as a country that she thinks she owns, rather than a part of India. 

However, the situation has now aggravated beyond control as the TMC dispensation in West Bengal has put up anti-CAB and anti-NRC advertisements stating that they won’t be implemented in West Bengal. She is, therefore, fuelling anti-NRC and anti-CAB sentiment in the state, instead of taking action against those who have unleashed terror in the state by attacking RPF personnel, pelting stones at running trains full of passenger, and vandalising and arsoning public property.

Even as West Bengal burns, the TMC supremo, Mamata Banerjee hit the streets protesting against the CAA in Kolkata. She also appealed people to join the rally, and before her rally started she gave a brief speech, in which she once again reiterated, “We will not allow CAA and NRC in Bengal.” She added, “the Centre will behave implement the law (NRC and CAA) over my dead body”.

Mamata Banerjee’s statements and provocative advertisements funded by tax money are further emboldening the violent protesters who have wreak havoc in West Bengal and also the illegal immigrants by assuring them that the West Bengal government will violate the law of the land to protect them. It is pertinent to mention here that Article 256, inter alia, states, “The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament.” This is mandatory constitutional provision and by violating that the Mamata Banerjee government in West Bengal has lost the sanctity to continue in power. Interestingly, West Bengal Governor has also called the anti-NRC, anti-CAB advertisements put up by the state government “unconstitutional” and a misuse of the public exchequer. He tweeted, “Earlier I had urged the Chief Minister to withdraw the advertisements forthwith indicating ‘NO NRC and CAB’. Unfortunately, there has been no response or action. How can a Government spend from the public exchequer to challenge the law of the land! It is unconstitutional.” He has also spoken up the anti CAA rally led by the West Bengal CM and Ministers, calling it “unconstitutional”.

The ruling TMC, however, remains adamant on continuing with its unconstitutional behaviour and the party’s Rajya Sabha MP, Derek O’Brien has even gone to the extent of calling the West Bengal Governor a “clown”. Such crass remarks show the disgraceful character of the ruling party in West Bengal and its disrespectful nature towards the Constitutional authorities.

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Mamata Banerjee government is clearly and blatantly functioning against the essence and spirit of the Constitution by transgressing its limits and threatening to block the implementation of CAA- a parliamentary legislation, in utter disregard of Article 256 of the Constitution. Article 356 of the Constitution envisages proclamation of President’s Rule where the President is satisfied that “a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.” In this sense, the constitutional crisis in West Bengal is of the worst kind, as the state government is itself adamant on breaching the Constitution in order to appease a vote bank. This is a ground for proclamation of President’s Rule forthwith.

The crisis in West Bengal is further exacerbated by the sheer apathy that Mamata Banerjee has shown for the deteriorating law and order situation, and violence in the state. In fact, she has tried to downplay the widespread violence and arson by stating, “Just because few trains were set on fire, Centre has stopped railway services in most parts of Bengal.” It is that much more shocking because this is coming from the former Railway Minister of India. 

Either Mamata Banerjee is totally apathetic or has no idea about what happens when structural damage is caused to railway tracks, and they are uprooted by violent mobs. Such violence and arson results in nasty derailments and accidents of trains full of passengers. Such was the intensity of violence that she is trying to downplay that the railway officials had to hide in the toilet to save their lives from mobs in Kolkata. The violent elements which have wreak havoc in the state have ended up destructing critical rail infrastructure in West Bengal and has rendered safe rail operations in the state impossible. Either the West Bengal police is simply inefficient, or it lacked orders from the political leadership to safeguard the rail infrastructure. In both cases, the state of West Bengal has failed to safeguard rail infrastructure, which has seriously imperilled the lives of innocent people of West Bengal.

As such the Mamata Banerjee government has lost the moral or constitutional sanctity to continue in power. The state government itself is violating express constitutional provisions and the spirit of Constitution, and the Centre must immediately to move to unseat Mamata Banerjee and dislodge the Mamata Banerjee government. Mamata Banerjee’s conduct justifying and downplaying violence is reminiscent of separatist leaders which cannot be tolerated at any cost.