West Bengal Chief Minister Mamata Banerjee on Monday wrote to Prime Minister Narendra Modi to reconsider the Central government’s decision to appoint an interlocutor for the Darjeeling hills over the demands of the Gorkha community, including the issue of Gorkhaland statehood, calling the move “completely unconstitutional and arbitrary”.
She had recently written to the PM, urging him to revoke the decision, claiming it was taken without consulting the state government.
In a letter, the CM wrote on Monday, “It is a matter of grave concern that without any further communication in response to my letter and despite your kind intervention, the office of the interlocutor under the Ministry of Home Affairs, has, vide memo dated November 10, 2025, communicated that the office of the interlocutor has already started functioning. This is really shocking. This unilateral and arbitrary action of the Central government was taken without any consultation or concurrence of the government of West Bengal. This is wholly unconstitutional, without jurisdiction and devoid of any legal sanctity. The said order has no foundation either in the Constitution or in any valid or statutory provision.”
The letter further read, “The Darjeeling region is an inseparable and integral part of the state of West Bengal. It is governed by the Gorkha Territorial Administration Act, 2011, a law duly enacted by the West Bengal Legislative Assembly and notified on March 12, 2012 after getting the Presidential assent. This Act was designed to ensure self-governance in Darjeeling, Kalimpong and Kurseong sub-divisions, and under Section 2(h) of the said Act. Consequently, the Central Government has no jurisdictional competence to appoint any representative or interlocutor in matters pertaining to these regions.”
The CM said “the order dated November 10 constitutes an ultra vires, colourable and malafide exercise of power, in direct violation of the constitutional scheme of distribution of powers. The Constitution of India, under Part V and Part VI read with Part XI, clearly demarcates the executive and legislative domains of the Union and the states. Matters enumerated in List lI
(State List) of the Seventh Schedule of the Constitution falls exclusively within the legislative and administrative authority of the state.”
The appointment of the interlocutor to deal with issues already governed by a state law is a blatant encroachment upon the federal structure of the country and an assault on the autonomy of the state, Banerjee claimed. This strikes at the heart of cooperative federalism, which forms one of the basic features of the Indian Constitution, she said.
“No explanation or justification has been furnished by the Central government for this extraordinary and unwarranted step. It is pertinent to note that the Darjeeling, Kalimpong, and Kurseong regions, which had once witnessed prolonged unrest, have enjoyed complete peace, stability, and developmental progress under the present government in West Bengal since 2011, following comprehensive administrative reforms and welfare initiatives. In view of this, the present move by the Centre is not only unconstitutional but it also appears to be a politically motivated attempt to disturb the peace and stability of the region,” the CM wrote.
The state government has categorically rejected and strongly objected to this unconstitutional and arbitrary interference in the internal affairs of the state, she said, adding such acts not only undermine the constitutional federal structure but also eroded the spirit of unity and mutual respect that defines India’s democratic polity.