ISSUE:
Whether after the Amendment to Article 173 of the Constitution of India, it was not open to the Governor to appoint a person who was not a member of the Legislature of the State as a Minister?
Whether Article 164(4) of the Constitution of India would only apply to a person who had been a Minister but who ceased to be a member of the Legislature for some reason, such as the setting aside of his election in any election petition?
RULE:
The Sixteenth Amendment Clause (a) of Article 173 of the Constitution of India was amended by the addition of a clause that required a candidate at an election to the Legislature to make and subscribe before some person had been authorized on that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule to the Constitution. adherence to the treaty and international responsibilities. It is one thing to state that Parliament may pass legislation about extraterritorial issues or causes since they affect or have a connection to India.