Article 164 of the Indian Constitution deals with other provisions as to Ministers in the states, covering aspects like their appointment, tenure, salaries, and oath. While Article 164(1) establishes the Governor’s role in appointing the Chief Minister and other Ministers, Article 164(4) lays down a crucial condition regarding the eligibility and continuation of a person as a Minister, particularly if they are not already a member of the State Legislature. This provision is vital for maintaining democratic accountability and ensuring the executive remains answerable to the elected representatives.
Original Text
The original text of Article 164(4) of the Constitution of India is as follows:
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
Detailed Explanation
Article 164(4) is a significant provision that balances the flexibility of appointing individuals who may not be current members of the State Legislature as Ministers with the fundamental democratic principle that the executive must be accountable to the legislature.
Here’s a breakdown:
- Flexibility in Appointment: This clause implicitly permits the appointment of a person as a Minister (including the Chief Minister) even if they are not currently a member of either the Legislative Assembly (Vidhan Sabha) or the Legislative Council (Vidhan Parishad, in states where it exists). This can be useful for various reasons, such as bringing in experts from outside politics, accommodating a prominent leader who did not contest an election, or appointing someone who may contest a by-election later.
- Mandatory Condition for Continuation: The flexibility granted is not absolute. The clause imposes a strict time limit. If a Minister is not a member of the State Legislature at the time of appointment, they must become a member of either House (Vidhan Sabha or Vidhan Parishad) within a period of six consecutive months from the date they assumed office as a Minister.
- Consequence of Non-Compliance: If the Minister fails to secure membership in either House of the State Legislature within this six-month period, they automatically cease to be a Minister at the expiration of that period. There is no discretion involved; the cessation is automatic and mandatory.
- Applicability: This clause applies to any Minister, including the Chief Minister, if they are not members of the legislature upon appointment.
The underlying rationale is to ensure that all members of the Council of Ministers are eventually accountable to the legislature from which they draw their authority and to which they are collectively responsible (as per Article 164(2)). It prevents a situation where a non-elected person holds a ministerial position indefinitely, undermining the representative character of the government.
Detailed Notes
- Scope: Applies to any person appointed as a Minister (including the Chief Minister) who is not a member of the State Legislature at the time of appointment.
- Condition: Such a Minister must become a member of the State Legislature.
- Membership Requirement: Membership can be either of the Legislative Assembly (Vidhan Sabha) or the Legislative Council (Vidhan Parishad), where applicable.
- Time Limit: The Minister must gain membership within six consecutive months from the date of their appointment as Minister.
- Consequence: Failure to become a member within the six-month period results in the Minister ceasing to hold office automatically upon the expiry of the period.
- Nature: The cessation of ministership is mandatory and automatic, not requiring any specific order from the Governor or Chief Minister.
- Purpose: Ensures accountability of Ministers to the elected body and upholds the principle of representative government.
- Comparability: Similar provision exists at the Union level under Article 75(5) for Union Ministers.
Additional Comments
- The Supreme Court in the case of S.R. Chaudhuri vs. State of Punjab (2001) clarified that a person who has ceased to be a Minister under Article 164(4) due to failure to become a member of the legislature cannot be reappointed as a Minister without first becoming a member of the legislature. This judgment prevents the repeated use of the six-month window without fulfilling the membership requirement.
- This provision allows for practical situations like a Chief Minister designate who lost their election or did not contest, to take office and then secure a seat through a by-election within the stipulated time.
- The period of six months is calculated strictly from the date the individual is sworn in as a Minister.
- Membership can be obtained through election to the Legislative Assembly, nomination to the Legislative Assembly (if such a provision exists/existed, e.g., nominated Anglo-Indian member before its abolition), election to the Legislative Council, or nomination to the Legislative Council.
Summary
Article 164(4) of the Indian Constitution mandates that a person appointed as a Minister in a state government who is not already a member of the State Legislature must become a member of either the Legislative Assembly or the Legislative Council within six consecutive months, failing which they shall cease to be a Minister. This provision ensures that the state executive remains accountable to the legislature by requiring Ministers to gain representation within a specified timeframe.