Article 164(4) Of Indian Constitution

Relevance: Prelims: Polity

Why in news?

• The Maharashtra cabinet recommended Chief Minister nomination to one of the Governor nominee seats in the legislative council.

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About:

• Thackeray took charge as Chief Minister on November 28, 2019, and has to become a member of the State legislature before May 28 or resign and again take the oath. As of now, he is not a member of either State assembly or council.

Thackeray had planned to get elected to the upper House but all elections have been postponed by the Election Commission in the wake of COVID-19. Once the Governor accepts the Cabinet’s recommendation, Thackeray will continue in the post.

ARTICLE 164 (4)

• Article 164(4) of the Constitution of India states that 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.

Article 164(4): It is implied in the language of clause (4) that every Minister should normally be a Member of the State Legislature which means of either House if the State Legislature is bicameral. It is permissible to appoint a person who is not such a Member but then he must get elected within six months or else he shall cease to be a Minister on the expiration of that period. It is a clear fraud on the Constitution to misinterpret and misuse this provision (i) to re-appoint a non-member after six months by giving a few days’ break, (ii) to appoint a person who is disqualified for being a Member, or (iii) to appoint someone who resigns his membership only to escape disqualification.

A non-member can also be appointed Chief Minister and he can continue to hold office if he gets elected to the State Legislature within a period of six months. This has happened in a number cases, e.g., Kamraj Nadar in Madras in 1954, T.N. Singh in U.P. in 1971

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