Chief Minister can hold office without being an elected representative of people!

Unelected representative in democracy:

A grievance was raised that respondent Nos. 1 and 2 were not qualified to be appointed as Chief Minister and Minister respectively as they were members of the Rajya Sabha (Upper House of Parliament) and thus disqualified under Article 164(4) read with Article 164(1) of the Constitution. The basic stand is that since they were members of the Rajya Sabha the requirement of their being elected to the State Legislative Assembly within a period of 6 months does not apply to them as they are already legislators of the Rajya Sabha.

There is no bar in Constitution prohibiting appointment of a person as Minister or Chief Minister, without being a member of the State Assembly. Continue reading “Appointment of non-legislator as Chief Minister of State in India” →