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august 2001

Supreme Court of India · 2001-08-17

S.R. CHAUDHURI vs STATE OF PUNJAB

Citation / case number
SC 1996/77111
Court
Supreme Court of India
Petitioner
S.R. CHAUDHURI
Respondent
STATE OF PUNJAB
Author
,R.C. LAHOTI,K.G. BALAKRISHNAN
Bench
CJI,R.C. LAHOTI,K.G. BALAKRISHNAN

Judgment text excerpt

The Supreme Court examined the constitutionality of the appointment of a Minister who was not a Member of the Legislative Assembly, specifically under Article 164(4) of the Constitution of India. The Court held that a Minister must be elected as a Member of the Legislature within six months of appointment, and failure to do so results in cessation of office. The Court found that the reappointment of Respondent No.2 as a Minister without being elected was unconstitutional, thereby allowing the appeal against the High Court's dismissal of the writ petition.

S.R. CHAUDHURI vs STATE OF PUNJAB · Niyam