By Our Correspondent
BHUBANESWAR: As per the Indian Constitution, if Mamata Banerjee (or any Chief Minister) refuses to resign after losing majority support in the state Legislative Assembly, the Governor can dismiss the Council of Ministers and invite the party/leader with majority support to form the government.
Article 164(1): The Chief Minister and Council of Ministers hold office “during the pleasure of the Governor”. The CM is appointed by the Governor, but must enjoy the confidence of the Legislative Assembly. There is no fixed term; continuation depends on majority support.
A CM who loses majority (like after election results show another party winning a clear majority) must normally resign. Refusal does not allow indefinite continuation.
After election results (here, BJP’s clear majority with ~207 seats vs. TMC’s ~80 in the 2026 West Bengal polls), the Governor typically asks the incumbent CM to resign. The Governor can then invite the leader of the majority party (BJP legislature party leader) to form the government and prove majority.
The Governor can order a floor test in the Assembly to prove majority support.If the CM fails (as expected with lost seats), the Governor can dismiss the Council of Ministers via order.The new majority leader is sworn in as CM.
If a constitutional breakdown occurs like refusal leads to paralysis, the Governor can recommend President’s Rule under Article 356. The President on Union Cabinet advice can impose central rule, dissolving or suspending the Assembly. This is not the first resort when a clear majority exists.
Outgoing CMs usually resign after clear defeats for smooth transition. Refusal is rare and leads to Governor intervention. Courts (Supreme Court) have emphasized that majority must be tested on the floor of the House, not outside claims.
The newly elected Assembly’s composition determines support. The old majority ends with the term/results.
Claims of “conspiracy” or moral victory do not override numbers in the House. Legal challenges like, to election results can proceed separately via petitions, but do not halt government formation.
In this specific 2026 context, with BJP’s decisive majority, the Governor is expected to facilitate the transition to a BJP-led government promptly, regardless of the incumbent’s stance. The process is designed to respect the electoral mandate and Assembly confidence.
This is based on standard constitutional practice; exact timelines depend on the Governor’s actions and any court interventions.
