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.