Article 164(4) of the Indian Constitution "EMPOWER IAS"
- Mamata, not the first CM to lose, has to win by poll in 6 months.
What does Article talk about?
- Article 164(4) says: 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.
Why in the news?
- In Bengal Assembly polls, Chief Minister Mamata Banerjee lost in Nandigram.
- Banerjee can still take over as chief minister but will have to get elected in the next six months to continue in the post.
Previous few instances:
- Yogi Adityanath, was not an MLA when he took over as Uttar Pradesh CM in 2017 — he was elected an MLC within six months.
- In 2017, Goa CM Laxmikant Parsekar lost, But BJP did not make Parsekar the chief minister; instead, it sent then Defence Minister, late Manohar Parikkar, to take over the reins in Goa.
- In 1970, then Uttar Pradesh CM Tribhuvan Narayan Singh had lost a by-election, and had to subsequently resign.
Alternative to Article 164 of the Constitution:
- Article 171, says the governor can nominate eminent persons from the field for literature, science, art, cooperative movement and social service.
- Uddahv Thackeray as a social servant was nominated by the Governor to the legislative council. He is the incumbent CM for the state of Maharashtra.
- And, if the governor nominates somebody to the legislative council, his/her decision cannot be challenged in the court, at least as of the precedent right now.
Legal Hurdles to it
- Section 151A of Representation of the People Act 1951 puts a bar on the governor’s discretionary power to nominate a person to the legislative council.