A politician was appointed as a minister in a Sate Cabinet, even though he was not a member of either house of the State legislature. He ceased to be a minister as he could not get elected as an MLA or MLC within the next six months. Can he be appointed as a minister once again though he is not an MLA or MLC, immediately thereafter? Discuss.

Facts of the Case

A politician was appointed as a minister in a State Cabinet, even though he was not a member of either House of the State Legislature. As per constitutional provisions, he ceased to be a minister after six months because he could not get elected as either an MLA or MLC. The question arises whether he can be reappointed immediately as a minister even though he is still a non-legislator.

Issues in the Case

1. Whether a non-legislator can be appointed as a minister in the State Cabinet.
2. Whether a person who has ceased to be minister for failing to get elected within six months can be reappointed immediately.
3. Constitutional limitations on the tenure and eligibility of ministers under the Constitution.

Legal Principles Covered

A. Constitutional Provisions

1. Article 164(1) – Appointment of Ministers
   • Chief Minister is appointed by the Governor.
   • Other ministers are appointed by the Governor on the advice of the Chief Minister.
   • Minister must be a member of the legislature, or if not, must get elected within six months of appointment.
2. Article 164(4)
   • If a minister fails to get elected within six months, he ceases to hold office.
   • The Constitution does not allow immediate reappointment to bypass this limitation.

B. Judicial Principles / Precedents

1. Rameshwar Prasad v. Union of India (2006) 2 SCC 1
   • The six-month period is strict and mandatory.
   • Reappointment cannot extend or reset the six-month limit artificially.
2. S. R. Bommai v. Union of India (1994) 3 SCC 1
   • Reappointment of a person who ceased to be minister due to failure to get elected is contrary to constitutional mandate.
3. Principle of Constitutional Supremacy
   • The six-month limit ensures that ministers are accountable to the legislature and maintains democratic legitimacy.

C. Principles

• Non-legislators can be appointed temporarily: Only to allow political flexibility.
• Mandatory election within six months: Prevents bypassing representative accountability.
• Reappointment immediately after ceasing: Would violate Article 164(4) and undermine legislative oversight.

Possible Judgement / Legal Advice

1. Constitutional Validity of Reappointment
   • Immediate reappointment of a person who ceased to be minister due to failure to get elected is unconstitutional.
2. Requirement of Legislative Membership
   • Any future appointment must comply with Article 164(1) and 164(4).
   • The person must first become a member of either House of the State Legislature before being eligible for reappointment.
3. Advisory Conclusion
   • Constitution clearly prevents circumvention of the six-month rule.
   • Reappointing the same person immediately while still not a legislator would violate democratic principles and accountability.
   • The proper course is either:
     1. Get elected as MLA/MLC and then reappointed, or
     2. Wait until a legitimate opportunity arises to comply with constitutional requirements.

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