West Bengal Chief Minister Appointment and Criminalisation of Politics
Source:The Hindu ↗
Why It Matters
The formation of a new state government provides practical context for understanding the Governor's role under Article 164. The significant percentage of elected legislators with criminal records emphasizes the urgent need for electoral reforms (RPA 1951), while high-profile party switches test the framework of the Anti-Defection Law.
Summary
Suvendu Adhikari is set to be sworn in as West Bengal's first BJP Chief Minister after being elected as the legislature party leader. He formally staked his claim to form the government by meeting Governor R.N. Ravi. The recent assembly elections have also brought into focus the broader governance issue of criminalisation of politics, with an ADR report noting that 65% of newly elected Bengal MLAs have criminal cases against them. Adhikari's ascent marks a significant shift in West Bengal's political landscape following his high-profile defection from the Trinamool Congress in 2020.
Key Points
- Suvendu Adhikari was unanimously elected as the BJP legislature party leader and will become the first BJP Chief Minister of West Bengal.
- He staked claim to form the government by meeting Governor R.N. Ravi, demonstrating the constitutional procedure of executive appointments under Article 164.
- An ADR report highlighted that 65% of the newly elected MLAs in West Bengal face criminal cases, raising concerns over the persistent criminalisation of politics.
- Adhikari's political journey from a prominent TMC minister to the BJP in 2020 underscores the continuous relevance of the Tenth Schedule (Anti-Defection Law) in Indian state politics.
Important Terms
Tenth Schedule (Anti-Defection Law)
A constitutional schedule (52nd Amendment, 1985) that disqualifies MPs or MLAs who voluntarily leave their party or defy party whips, aiming to prevent political instability caused by floor-crossing.
UPSC context
GS Paper II (Polity). Tests knowledge of legislative stability, the Speaker's role, and grounds for disqualification of elected members.
Representation of the People Act, 1951
The primary legislation governing the conduct of Indian elections, detailing candidate qualifications, disqualifications (including for criminal convictions), electoral offences, and the registration of political parties.
UPSC context
GS Paper II (Salient features of RPA). Crucial for questions on electoral reforms and the legal mechanics of Indian democracy.
Criminalisation of Politics
The entry and influence of individuals with criminal records in the legislative process, often facilitated by a nexus between money, muscle power, and political patronage.
UPSC context
GS Paper II (Governance/Elections). Focuses on the erosion of rule of law, the 'Lily Thomas' judgment, and judicial intervention in politics.
Association for Democratic Reforms (ADR)
A non-partisan NGO founded in 1999 that promotes transparency in Indian elections through reports on candidates' criminal, financial, and educational backgrounds, and advocating for electoral reforms.
UPSC context
GS Paper II (Civil Society/Electoral Reforms). Relevant for topics involving democratic accountability, transparency, and the 'Right to Information' for voters.
Article 164
Constitutional provision stating that the Chief Minister is appointed by the Governor, and other ministers are appointed on the CM's advice, functioning under the principle of collective responsibility.
UPSC context
GS Paper II (State Executive). Core topic for understanding gubernatorial powers, the appointment of the executive, and the 'pleasure doctrine' in states.
Prelims Trap
"Under the RPA 1951, a candidate is disqualified from contesting elections immediately after criminal charges are formally framed by a court."
Section 8 of the RPA 1951 disqualifies individuals only upon conviction for specified offenses, not at the charge-framing stage. Parliament has yet to amend this gap.
Static Concepts Connected
How is the Chief Minister appointed under Article 164 of the Constitution?
- Appointing Authority: The Governor appoints the CM. By established parliamentary convention, this must be the leader of the party or coalition commanding a majority in the legislative assembly.
- Pleasure Doctrine: Ministers hold office during the "pleasure of the Governor," which practically means they remain in power as long as they command the assembly's confidence.
- Situational Discretion: The Governor exercises situational discretion to select a CM only when no party has a clear majority or an incumbent CM dies without an obvious successor.
What did the Kihoto Hollohan (1992) judgment rule regarding the Tenth Schedule?
- Tribunal Status: The Presiding Officer (Speaker or Chairman) acts as a tribunal when deciding on disqualification petitions under the Anti-Defection Law.
- Judicial Review: The Speaker's final decision is subject to judicial review on grounds of mala fides, perversity, or constitutional violations. Courts generally cannot intervene prior to a decision.
Cross-Topic Patterns
Criminalisation & SC Disclosures
High numbers of MLAs with criminal cases frequently trigger debates on the Supreme Court's 2018 mandate requiring parties to publish criminal records and justify selecting such candidates.
Tenth Schedule & Governor's Floor Tests
Defections often lead to constitutional crises, linking the Speaker's Tenth Schedule powers directly to the Governor's discretionary authority to order assembly floor tests during government formations.
Expect a multi-statement question in 2026 linking RPA disqualification rules (conviction vs charges) and SC guidelines on candidate records.
Linked PYQs · 4
Linked PYQs · 4
- 2020MainsGS2
There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of Peoples Act". Comment.
- 2022MainsGS2
Discuss the procedures to decide the disputes arising out of the election of a Member of the Parliament or State Legislature under The Representation of the People Act, 1951. What are the grounds on which the election of any returned candidate may be declared void ? What remedy is available to the aggrieved party against the decision ? Refer to the case laws.
- 2014PrelimsGS1
Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection?
- 2022PrelimsGS1
With reference to anti-defection law in India, consider the following statements: 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 2. The law does not provide any time-frame within which the presiding officer has to decide a defection case. Which of the statements given above is/are correct?
