Q. Consider the following statements regarding the appointment of the Chief Minister in Indian states:
1.The Constitution of India mandates that only a member of the Legislative Assembly can be appointed as the Chief Minister.
2.In the absence of a clear majority in the Legislative Assembly, the Governor can exercise discretion in appointing the Chief Minister.
3.A person who is not a member of the State Legislature can be appointed as Chief Minister, but must get elected to either House within six months.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- The Constitution does not mandate that a person must be a member of the Legislative Assembly (Lower House) to be appointed as Chief Minister.
- A person who is not a member of the State Legislature at all (neither Assembly nor Council) can still be appointed Chief Minister.
- However, he/she must get elected to either House within six months, failing which they must resign.
- When no single party has a clear majority, the Governor can use personal discretion to appoint a Chief Minister—usually the leader of the largest party or coalition—and ask them to prove majority on the floor of the House.
- This is an accepted parliamentary convention and is upheld by the Constitution and judicial precedents.
- As per Article 164(4) of the Constitution, a non-member can be appointed as Chief Minister, but must get elected to the Legislative Assembly or Legislative Council within six months, failing which the person ceases to hold office.
