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