Question

A Minister ceases to hold office if he does not become a member of the Legislature within six months is mentioned under

• A. Art. 164 (4)
• B. Art. 164(1)
• C. Art. 164(2)
• D. Art. 164 (3)

Hint:

This "six-month rule" is a fundamental aspect of the parliamentary system in India and applies at both the State and Union levels. Remember the parallel provision for Union Ministers: \textbf{Article 75(5)}. Knowing both helps in comparative constitutional questions.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Indian Constitution allows a non-legislator (a person who is not an MLA or MLC in a state, or an MP at the Centre) to be appointed as a Minister. However, this is a temporary arrangement, and the Constitution prescribes a time limit within which such a minister must get elected to the legislature.
Step 2: Detailed Explanation:
The provisions regarding State Ministers are contained in Article 164. Let's analyze its clauses:
- Article 164(1): Deals with the appointment of the Chief Minister and other Ministers by the Governor.
- Article 164(2): States that the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
- Article 164(3): Pertains to the oaths of office and secrecy administered to the Ministers by the Governor.
- Article 164(4): This clause explicitly states: "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."
This rule ensures that the principle of representative government is upheld, where the executive (the Council of Ministers) must be drawn from and be accountable to the legislature.
Step 3: Final Answer:
The provision that a State Minister must become a member of the Legislature within six months of their appointment is mentioned under Article 164(4).