I'm elected, you are nominated, CM Mamata Banerjee reminds West Bengal Governor, he hits back

In what can be attributed as a full-blown verbal fight, West Bengal Chief Minister Mamata Banerjee on Thursday reminded Governor Jagdeep Dhankhar that he has forgotten that she is the "elected chief minister of a proud Indian state" whereas he is a nominated governor. She accused Governor Dhankhar of repeatedly interfering in the functioning of the state administration and asked him to judge who has "crossed the limit of constitutional dharma and decency" between the two constitutional functionaries.

Banerjee's letter comes in the backdrop of Dhankhar repeatedly voicing concern over the way the state government has been tackling the COVID-19 pandemic. In a reply to Banerjee, Dhankhar said that "there has been an outrageous, flagrant disrespect of constitutional prescriptions and Rules of Business at your end and that of your officials". He also said, "I need to indicate firmly that there has been a total failure at your end all through as regards compliance of constitutional prescriptions qua the constitutional head."

In a strongly worded five-page letter to the governor, the CM, while referring to his text message and communications said the tone, tenor, and language was unprecedented. She wrote, "You have to judge for yourself, whether your direct attacks on me, my ministers, officers, your tone, tenor and language, which in mildest words of extreme moderation, deserve to be characterized as parliamentary, your holding press conferences against the state government of which you are a governor, your repeated and consistent interference in the administration of my ministries make it clear as to who has flagrantly transgressed constitutional dharma..."

She claimed the governor's conduct does not conform to even basic norms of decency between constitutional functionaries. Terming Dhankhar's statement in the audiovisual media "to warn her" an "unprecedented event", Banerjee said, the governor continues to ignore all advice and inputs given by her and the council of ministers since his appointment.

"Your expostulation leaves me with no option but to release these letters in the public domain to leave it to the people of this state and of this nation to judge for themselves as to who has done what and who in breach of elementary norms of constitutional behaviour," she said, annexing a two-page letter from Dhankhar where he had castigated her government.

Dhankhar was quick to respond, tweeting, "A communication from CM Mamata Banerjee has been received. Outrageously factually wrong and constitutionally infirm. Initial response sent. And a final one tomorrow at 11 am. People of the state need to know the real picture. State and people cannot be made to suffer at the hands of those who compromise constitutional prescriptions. None is above Law."

In a letter, he replied, "A thorough (response) one will be imparted to you tomorrow (Friday) with complete documentation so that people of the state, as you say, are made aware and come to know the series of acts of indignities and indiscretions heaped by you, your ministers on the Governor all through. Your constant refrain of governor being ‘nominated’ is lamentable and can be ascribed only to elementary ignorance of the Constitution."

"Since July 30, 2019, I have done my utmost in a most persuasive manner to solicit to adherence to Constitutional prescriptions and to secure that Government of the day is carried in accordance with the Constitution. Towards this, I have sent you repeated communications. I am amazed that you did not look into your brief communication the intended mischief of an eclipse of Constitutional provisions. You have indicated that interaction with me cannot take place as requested by me in my communication because “the entire State machinery is now engaged to fight against COVID 19 pandemic.” To say the least, this is an outrageous, misleading view of the Indian Constitution. As Governor of the State I am functional all through and particularly during the kind of crisis we are faced with," he wrote.

"If I go by your response, I should be in “sleep mode”, totally non-functional, confined to Raj Bhavan and await the end of COVID 19 pandemic, so that you may spare time for interaction with the Constitutional head. This reading of the Constitution at your end or by your advisors is not shared by me and goes against the essence, letter and spirit of the Constitution," he added.

"In quoting my message, you have ignored a subsequent message that I sent you immediately after our telephone conversation. That message is thus: I do not appreciate the outbursts. Time for composed interaction. Governor is not expected to be in sleep mode when the State is facing stressful challenges. Why adopt confrontational and adversarial stance qua Governor !" he further wrote.

He wrote, "I never had any benefit of any advice or input to me either by you or your Ministers. Your stance all through has been one of incommunicado with the Governor. Ministers of your Government have been at large like ‘loose canons’ in public domain using most demeaning language for the Governor. Your silence unmistakably leads to an inference of your approval. The people would be wisened about your stance once tomorrow (Friday) I make full disclosure of details and documentation that will startle all. I never wanted to take recourse to this but in view of your factually untenable stand and your going public this has become a compulsive need."

"The Constitution does not allow any Constitutional functionary to be “law unto oneself” and the State cannot be run like a “fiefdom”. It has to be governed with complete adherence to Constitutional prescriptions. Let me indicate for the benefit of the people of West Bengal that for their welfare, I would ever be in persuasive mode. I would bend to extreme degree to serve them," he added.