Huge BJP Contingent Campaigning Across West Bengal, SC Queries if ED Hints at “Breakdown of Constitutional Machinery”

Rohit Kumar
NEW DELHI, Apr 23: The Supreme Court on Thursday asked whether the Directorate of Enforcement (ED) was making a case of “breakdown of constitutional machinery” in West Bengal in view of the Central agency’s rejoinder against Chief Minister Mamata Banerjee, senior State police officers and bureaucrats for allegedly violating the rule of law to “barge” into an ongoing raid at the I-PAC premises in Kolkata and leaving with material said to be incriminating in a coal. smuggling case.

“We hope you are not arguing ‘breakdown of constitutional machinery’ in the context of the controversy you are raising,” Justice NV Anjaria, a member of the Division Bench headed by Justice Prashant Kumar Mishra, asked Solicitor General Tushar Mehta, appearing for the ED.

The failure of constitutional machinery is a ground to impose President’s rule in a State under Article 356 of the Constitution. The query from the Bench followed submissions from the ED about a “well-established pattern” of violations by the Chief Minister, State police and the ruling Trinamool Congress, and a “non-existent” rule of law over the years in West Bengal.

Mr Mehta referred to the police “siege” of the CBI Joint Director’s residence in Kolkata and the arrest of CBI officials in 2019, a “mob” of lawyers and party workers crowding into a Calcutta High Court courtroom on January 9, 2026, and the Director General of Police “acting as the PSO (personal security officer) of the Chief Minister.”

The ED’s submissions and the Bench’s query came as the first phase of polling in the West Bengal Assembly elections was held on Thursday. Mr Mehta responded that there was “nothing up the sleeve” of the ED in the case. He said ‘rule of law’ was a “part and parcel,” an essential part of Article 14 of the Constitution. The ED officials, against whom the State police registered criminal cases for conducting what was described as a lawful investigation, have a fundamental right to equality before the law or equal protection of the laws. “The ED cannot argue ‘breakdown of constitutional machinery’ (Article 356),” the top law officer said.

He submitted that the argument of rule of law was raised to establish the locus standi of the ED, acting in a “representative capacity”, to approach the apex court in an Article 32 writ petition to enforce the fundamental rights of its officials whose personal liberty and dignity as citizens were threatened by “engineered or orchestrated” police FIRs for merely doing their duty.

Meanwhile, with the elections in all other poll-bound states and the union territory completed on Thursday barring the 142 constituencies in West Bengal going to the polls in the second phase on April 29, almost all the top leaders of the BJP were on Thursday in Kolkata and surrounding areas campaigning for the party to upstage the Trinamool Congress government in the state.

The Prime Minister Narendra Modi, addressed several rallies in 24 Parganas, the union home minister Amit Shah was campaigning in Hooghly district, the BJP national president Nitin Nabin, the Uttar Pradesh chief minister Yogi Adityanath and a host of other leaders addressed meetings in different parts of the state against the Mamata Banerjee-led TMC.

Mr Modi responding to a TMC charge that the BJP if voted to power would deprive the fish-eating Bengalis their favorite food, assured the people that the BJP government would prioritize fish exports and extend dedicated support to fishermanfolk if the party forms the next government in West Bengal. Addressing a public gathering in Mathurapur in South 24 Parganas, he appealed to them to “root out the current TMC government,” claiming that a strong wave for change was sweeping through the state.

Taking aim at the ruling TMC, the Prime Minister accused the party of working against the interests of women. He recalled the Women Reservation Bill and said although the BJP introduced it in Parliament, the TMC opposed it and “took away the rights of women.” PM Modi said women in the state would not forget how the bill was resisted.

PM Modi further alleged that the state government not only blocks central welfare initiatives but also misuses funds meant for public benefit. He said that corruption has become so entrenched in Bengal that “no work gets done in Bengal without bribes.” According to him, people have repeatedly trusted the TMC but received only unfulfilled promises and disappointment.

Continuing to harp on the illegal infiltrator issue, Mr Shah reiterated that “not a single intruder” would be allowed to enter West Bengal if the BJP comes to power, and the illegal immigrants already here would be “selectively rooted out.” “After poll results come out, no one will be able to infiltrate Bengal; illegal immigrants already here will be pushed out by BJP. You are voting not just to make someone MLA or to form BJP government, but also to free Bengal from infiltrators” he said.

Addressing a public rally at Balagarh in Hooghly district on a day when voting for the first phase of polls was underway, Amit Shah said the BJP was poised to form a government in the state with a full majority.

“Today, the voting for the first phase is almost over, and this is my 30th program across Bengal. On May 5, Didi’s game will be up. A BJP government will be formed in Bengal with a full majority,” Shah said.

Shah, who is closely overseeing the party’s campaign in the state, reached the ‘war room’ in the morning and held a closed-door meeting with senior BJP leaders to assess the ground situation, the party sources said.

The visit assumes significance as it was not part of his official itinerary and came within hours of voting commencing across several constituencies in north Bengal and parts of south Bengal.

According to sources, the Union minister took stock of the polling process, particularly in the north Bengal districts where the BJP seeks to retain its stronghold. He also reviewed feedback from party functionaries and booth-level workers regarding voter turnout and any reports of disturbances.

Several senior leaders from outside West Bengal, who have been camping in the state for the past few days to oversee the party’s election machinery, were present during the meeting. The BJP has set up a centralized ‘war room’ at its Salt Lake office to monitor polling across constituencies in real time, coordinate responses, and streamline communication between ground workers and the party leadership.