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august 2001

Supreme Court of India · 2001-08-17

S.R. Chaudhuri vs State Of Punjab & Ors

Citation / case number
AIR 2001 SUPREME COURT 2707
Court
Supreme Court of India
Petitioner
S.R. Chaudhuri
Respondent
State Of Punjab & Ors
Bench
Chief Justice, R.C. Lahoti, K.G. Balakrishnan

Judgment text excerpt

The Supreme Court held that the appointment of a Minister who is not a Member of the Legislative Assembly must comply with Article 164(4) of the Constitution of India, which mandates that such a Minister must be elected within six months of appointment. The Court found that Respondent No.2's reappointment as a Minister without being elected within the stipulated time was unconstitutional, leading to the conclusion that his appointment was invalid. Consequently, the appeal against the High Court's dismissal of the writ petition was upheld, reinforcing the constitutional requirement for ministerial appointments.

S.R. Chaudhuri vs State Of Punjab & Ors · Niyam