HAR SHARAN VERMA vs STATE OF U.P. & ANR.

The Supreme Court held that following the Sixteenth Amendment to Article 173(a) of the Constitution, a person cannot be appointed as a Minister unless they are a member of the State Legislature at the time of appointment. The Court clarified that Article 164(4) applies only to those who were previously Ministers but lost their membership for reasons like election annulment. The judgment emphasized the importance of allegiance to the Constitution, dismissing the petition challenging the appointment of a non-member as Chief Minister.