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.