CONSTITUTIONAL LAW

ANURAG (Querist) 15 August 2008 This query is : Resolved
CAN A NON MEMBER TO STATE LEGISLATURES IN INDIA BE ALLOWED TO SERVE AS A MINISTER FOR A PERIOD MORE THAN SIX MONTHS AS PER ARTICLE 164 CLAUSE 4. SAY IF GOV. CHANGES WITHOUT DISSOLUTION OF THE HOUSE AND THE PERSON WHO HAS ALREDY SERVED AS A MINISTER IN PREV. GOVT.FOR 6 MONTHS. IS HE ELIGIBLE FOR ANOTHER SIX MONTHS AS A MINISTER. DOES IT COMES UNDER THE DISCRETIONARY POWER OF THE GOVERNOR. WHAT CASES CAN THROW MORE LIGHT ON THIS.

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K.C.Suresh (Expert) 15 August 2008
He cannot. The period if continous he will cease to become a minister on expiry of 6 months. Article 164. 4 is clear. I don't find any authority.

KamalNayanSaxena (Expert) 16 August 2008
The absence of the expression "from amongst members of the Legislature" in Article 164(1) is indicative of the position that whereas under that provision a non-legislator can be appointed as a Chief Minister or a Minister but that appointment would be governed by Article 164(4), which places a restriction on such a non-member to continue as a Minister or the Chief Minister, as the case may be, unless he can get himself elected to the Legislature within the period of six consecutive months, from the date of his appointment.

Article 164(4) is, therefore, not a source of power or an enabling provision for appointment of a non-legislator as a Minister even for a short duration. It is actually in the nature of a disqualification or restriction for a non-member, who has been appointed as a Chief Minister or a Minister, as the case may be, to continue in office without getting himself elected within a period of six consecutive months.

AIR 2001 SUPREME COURT 2707 "S. R. Chaudhuri v. State of Punjab"