NEW DELHI ,7 May 2026 : West Bengal chief minister Mamata Banerjee has refused to resign despite her Trinamul Congress losing the election, accusing the BJP in power at the Centre of “conspiracy” and “looted” mandate. Initially, she talked of challenging the Assembly elections in the Supreme Court, bu her latest threat is to take the matter to the International Court of Justice (ICJ) if necessary, rejecting the election results and potential President’s rule.
Herself being a qualified lawyer, she knows what she is talking as she has refused to resign even while the BJP is preparing to form its government in West Bengal.
She stated she is prepared to move the ICJ over alleged irregularities and “conspiracy” in the election process.
Mamata stated she is prepared to face President’s Rule in the state rather than step down willingly.
While she has suggested an appeal to the ICJ, legal experts note that India’s domestic electoral disputes are handled within the Indian Supreme Court and constitutional framework, making her move to the ICJ unconventional and unprecedented in this context.
She has created a legal crisis over the BJP CM’s oath. Her defeat in the Assembly hands at the hands of BJP leader Suvendu Adhikari, who is tipped to be the new chief minister.
The ICJ (International court)generally does not have jurisdiction over a country’s internal domestic matters, such as national or state elections. These are considered sovereign issues governed by the country’s own constitution and laws. She has the right only to appeal in the Supreme Court of India. An individual or a political party can not “sue” in the International Court of Justice as only sovereign nations can be parties to cases before the ICJ.
Legal experts say the ICJ generally does not have jurisdiction over a country’s internal domestic matters, such as national or state elections.
