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Can Unelected Minister Serve Beyond 6 Months? Supreme Court Examines Constitutional Provision

UPSC / SSC current affairs note · Polity

Polity

Why in news

The Supreme Court has questioned the continuation of an unelected minister beyond six months, raising a constitutional puzzle. The Chief Justice of India emphasized that this is a pure question of law, requiring the state to explain how a minister can remain in office without being elected.

Background

Article 164(4) of the Indian Constitution allows a person who is not a member of the state legislature to be appointed as a minister, but they must become a member within six months. Failure to do so would lead to their removal. This provision has been rarely tested in court, and the current case brings it into focus.

Key facts

in5points

  1. The Supreme Court is examining whether an unelected minister can continue in office beyond six months without being elected to the state legislature.

  2. Article 164(4) states that a minister who is not a member of the legislature for six consecutive months shall cease to be a minister.

  3. The Chief Justice of India remarked that the state must explain how a minister is continuing for over six months without being elected.

  4. The case involves a constitutional question about the interpretation of Article 164(4) and its application.

  5. The court's decision could set a precedent for the appointment and tenure of ministers who are not legislators.

Prelims pointers

  • Article 164(4) of the Indian Constitution
  • Article 164 deals with appointment of Chief Minister and other ministers
  • Six-month period for unelected ministers to become members of legislature
  • Supreme Court's jurisdiction in constitutional matters

Mains angles

  • Discuss the constitutional provision allowing unelected persons to become ministers and its implications for democratic accountability.
  • Critically examine the role of the judiciary in interpreting constitutional provisions related to the executive.
  • Analyze the balance between flexibility in government formation and the principle of representative democracy.