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S.R. CHAUDHURI V. STATE OF PUNJAB

S.R. Chaudhuri v. State of Punjab AIR 2001 SC 2707

ISSUE:

  • Whether the appointment of Shri Tej Parkash Singh for a second time during the term of the same Legislature, without being elected as a Member of the Legislature, violative of the constitutional provisions?

RULE:

  • 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.

FACTS:

  • Shri Tej Parkash Singh was appointed as a Minister in the State of Punjab on the advice of the Chief Minister, Sardar Harcharan Singh Brar.
  • At the time of his appointment as a Minister, he was not a Member of the Legislative Assembly in Punjab.
  • He failed to get himself elected as a Member of the Legislature of the State of Punjab within six months and submitted his resignation from the Council of Ministers.
  • During the term of the same Legislative Assembly, there was a change in the leadership of the ruling party. Smt. Rajinder Kaur Bhattal was, on her election as Leader of the Ruling Party, appointed Chief Minister of the State of Punjab, and Tej Parkash Singh, who had not been elected as a Member of the Legislature even till then, was once again appointed as a Minister.
  • The Appellant filed a petition seeking a writ of quo warranto. It was stated in the petition that the appointment of Tej Parkash Singh for a second time during the term of the same Legislature, without being elected as a Member of the Legislature, was violative of constitutional provisions and, therefore, bad.

HELD:

  • The Supreme Court observed that the expression “six consecutive months”, implies that the period of six months must run continuously and not even intermittently. It would commence from the time a non-legislator is either appointed as a Minister or a Minister who becomes a non-legislator, is allowed to continue as such, and comes to an end at the expiry of that period.
  • The Supreme Court held that it would be subverting the Constitution to permit an individual, who is not a member of the Legislature, to be appointed a Minister repeatedly for a term of “six consecutive months”, without him getting himself elected in the meantime.
  • The Supreme Court stated that held that the reappointment of Shri Tej Parkash Singh as a Minister in the State of Punjab with effect from 23 November 1996 was invalid and unconstitutional.