How Mamata can remain CM of West Bengal even if she fails to win Nandigram
According to the Constitution of India,, an individual who is not a member of the legislature can be considered as the chief minister provided he or she gets himself or herself elected to the State Legislature within six months from the date of their appointment
Despite the landslide victory of Trinamool in the West Bengal elections, uncertainty looms whether Mamata Banerjee will remain the Chief Minister of West Bengal if she loses Nandigram polls to her BJP challenger Suvendu Adhikari.
Earlier some Indian newspapers reported that Banerjee defeated her former aide Suvendu by a margin of 1,200 seats in Nandigram. However, later, Indian media Anandabazar reported that BJP's Suvendu Adhikari had won the seat, not Mamata Banerjee; and the earlier announcmeent was a result of a fault in the server.
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As dispute broke out, the announcement of election results in Nandigram has been postponed due to confusion over ballot counting.
"The ballots are likely to be recounted. The returning officer will take the final decision in this regard. But for now, Shuvendu Adhikari is the winner", said Ariz Aftab, the state's chief electoral officer.
If Mamata Banarjee fails to win Nandigram she still can be Chief Minister of West Bengal for third term after her party's landslide victory in the state assembly election. Even if she fails to defeat her BJP rival, Indian constitution allows her to lead the new Bengal government.
The Constitution of India puts a Governor as a state's head, but de facto executive authority rests with the chief minister. A chief minister is the elected head of government of the each state out of 28 states and sometimes a union territory within India.
Following elections to the State Legislative Assembly or Vidhan Sabha in a state, the state's governor usually invites the party or coalition with a majority of seats to form the government. The governor appoints and swears in the chief minister, whose Council of Ministers are collectively responsible to the assembly.
Indian jurist and lawyer Durga Das Basu, in his book, Introduction to the Constitution of India, writes that based on the Westminster system, the chief minister's term can last for the length of the assembly's life maximum of five years - given that he or she retains the confidence of the assembly. There are no limits to the number of terms that the chief minister can serve.
A chief minister heads a state government's council of ministers and can be deputed in that role by a deputy chief minister. The Constitution of India sets the principle qualifications one must meet to be eligible to the office of the chief minister.
According to the Constitution of India, Article 173, a chief minister must be: Citizen of India; should be a member of the state legislature. If a person is elected chief minister who is not a member of the legislature, then he/she must take sign from governor and be of 25 years of age or more.
An individual who is not a member of the legislature can be considered as the chief minister provided he or she gets himself or herself elected to the State Legislature within six months from the date of their appointment; failing which, he or she would cease to be the chief minister.
Indian constitution's article 164, clause 1 states that the chief minister is elected through a majority in the state legislative assembly. This is procedurally established by the vote of confidence in the legislative assembly, as suggested by the governor of the state who is the appointing authority. They are elected for five years. The chief minister shall hold office during the pleasure of the governor.
