What happens if a Chief Minister refuses to relinquish office after electoral defeat?

News: After the Trinamool Congress lost the West Bengal elections to the BJP, Mamata Banerjee said that she would not resign as Chief Minister, alleging that the election result was due to a “conspiracy” and misuse of central forces by the BJP.

What happens if a Chief Minister refuses to relinquish office after electoral defeat?

• If a Chief Minister refuses to step down voluntarily, the Governor has the authority to intervene under Article 164 of the Constitution of India.
• Article 164(1): It provides that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.
• In practice, this means that if the Chief Minister clearly lacks majority support, the Governor can take the call.
• Provision of floor test: The Governor may then invite the leader of the majority party or coalition to form a new government or ask a claimant to prove their majority through a floor test in the Assembly.
• President’s Rule: If no party or coalition can form a stable government, then President’s Rule under Article 356 may be imposed as a last resort.
• Article 172: Another relevant provision is Article 172 of the Constitution of India, which sets the five-year term of a Legislative Assembly unless dissolved earlier.
• This defines the lifespan of the Assembly, but it does not protect a Chief Minister who has lost majority support within that period.
• Note: Section 100 of the Representation of the People Act, 1951 enumerates the grounds on which the election of a candidate may be challenged and declared void.

Supreme Court’s Interpretation in the Case

• The Supreme Court has also interpreted the Governor’s powers as flowing primarily from the “aid and advice” of the Council of Ministers.
• In A.G. Perarivalan v. State Through Superintendent of Police (2022), Supreme Court observed that the “Governor” is  a shorthand expression for the State government.
• Recognizing the Governor as “the formal head and sole repository of the executive power”, the court held that the office is ordinarily bound by the aid and advice of the State’s Council of Ministers.