Has the central authorities imposed articles 256 and 257 of the Indian Constitution on West Bengal as a result of post-poll violence?
A Facebook publish claims that the Union authorities has clipped Bengal chief minister Mamata Banerjee’s wings by imposing these articles, which signifies that the Centre will now have direct management over the state’s senior officers.
Bengal’s ruling Trinamool Congress is at loggerheads with BJP over widespread violence because the declaration of election outcomes. BJP has alleged that Trinamool goons have killed a number of of its celebration employees, looted their homes and properties, and vandalised celebration places of work.
The caption in Hindi together with the Facebook post says since articles 256 and 257 have been imposed in Bengal, the Centre can now concern direct orders to the chief secretary and state DGP, which they’re compelled to hold out. If they disobey these orders, then with the Governor’s suggestion, the President can impose Article 356 and the state authorities must step down.
India Today Anti Fake News War Room (AFWA) has discovered no such order relating to imposition of articles 256 and 257 within the state. Bengal Governor Jagdeep Dhankhar had not too long ago summoned each the chief secretary and DGP and expressed displeasure over not being up to date on the legislation and order scenario relating to post-poll violence.
However, a five-judge particular bench of Calcutta excessive courtroom expressed satisfaction over steps taken by the newly-formed Mamata Banerjee authorities to revive normality.
The archived model of the publish is saved here.
What AFWA discovered
Dhankhar has been critical of the best way the state authorities is dealing with the post-poll state of affairs within the state.
As a number of deaths have been reported from numerous locations, the Governor on May 8 summoned the chief secretary and DGP to apprise him of the scenario. Dhankhar, nonetheless, expressed displeasure and tweeted that he was “disgusted” as “Unfortunately both came without any paper or reports sought”.
Unfortunately each got here with none paper or studies sought. Directed them to ship the identical immediately. In a way disgusted with such stance. Hope there may be acceptable response now. pic.twitter.com/RJUnCZp1VY
— Governor West Bengal Jagdeep Dhankhar (@jdhankhar1) May 8, 2021
On the opposite hand, as reported by news websites, a five-judge particular bench of Calcutta excessive courtroom not too long ago appreciated the steps taken by the state authorities to deliver again normalcy.
The bench rejected the suggestion of the extra solicitor common, representing the Centre, to arrange a particular investigation crew to probe the post-poll violence.
There are reports that a petition was filed on May 4 within the Supreme Court in search of imposition of President’s rule and deployment of central forces in Bengal following widespread violence over the election outcomes. But there is no such thing as a such report confirming that the Centre has imposed articles 256 and 257 in Bengal.
What are articles 256 and 257?
As far as legality is worried, Article 256 “imposes a general obligation on states to so exercise their executive power as to ensure compliance with the laws made by Parliament and the executive power of the Centre extends to the giving of such directions to a state as may appear to the Centre to be necessary for the purpose.”
Article 257(1) gives that “the executive power of the state is to be so exercised as not to impede or prejudice the exercise of the Centre’s executive power and the Centre can give such directions to a state as may appear to the central government to be necessary for that purpose.”
Both these articles make the state govt subservient to the Union.
ClaimArticles 256 & 257 imposed in West Bengal below which senior state officers at the moment are instantly answerable to the Centre. If they refuse to obey, President’s Rule will be imposed.ConclusionThere has been no such order. Bengal Governor Jagdeep Dhakhar not too long ago pulled up the chief secretary and DGP over post-poll violence within the state, however the Calcutta excessive courtroom expressed satisfaction on the steps taken by the Mamata Banerjee authorities.
JHOOTH BOLE KAUVA KAATE
The variety of crows determines the depth of the lie.
- 1 Crow: Half True
- 2 Crows: Mostly lies
- 3 Crows: Absolutely false