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? |ForumIAS

[A] 1 and 2 only

[B] 2 and 3 only

[C] 1 and 3 only

[D] 1, 2 and 3

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.

Subscribe to get the latest posts sent to your email.