In the case of S.R. Chaudhuri vs State Of Punjab & Ors, the Supreme Court of India held that a person who is not a member of the legislature cannot be appointed as a minister for a second time during the term of the same legislature. The case arose from a petition filed by S.R. Chaudhuri, who challenged the appointment of Tej Parkash Singh as a minister in the State of Punjab. Singh had previously been appointed as a minister in the same government, but he had not been elected as a member of the legislature within a period of six months. Chaudhuri argued that Singh’s appointment was invalid because it violated Article 164(4) of the Constitution of India, which requires that ministers be “chosen from among the members of the Legislature of the State.”
The Supreme Court agreed with Chaudhuri and held that Singh’s appointment was invalid. The Court held that Article 164(4) requires that ministers be elected members of the legislature. The Court reasoned that this requirement is necessary to ensure that the government is accountable to the legislature. The Court also held that the requirement is not unduly burdensome, as there are a number of ways in which a person can become an elected member of the legislature.
The Supreme Court’s decision in this case has been cited in a number of subsequent cases involving the appointment of ministers. The decision has been used to uphold the validity of appointments of ministers who have been elected as members of the legislature, and it has also been used to strike down appointments of ministers who have not been elected as members of the legislature.
The Supreme Court’s decision in this case is an important precedent on the issue of the appointment of ministers. The decision clarifies the requirements of Article 164(4) and establishes that ministers must be elected members of the legislature. This requirement is necessary to ensure that the government is accountable to the legislature and that the people have a say in who governs them.
Here are some additional details about the case:
- The case was filed in the High Court of Punjab and Haryana.
- The High Court dismissed the petition in limine.
- The Supreme Court granted special leave to appeal the High Court’s decision.
- The Supreme Court allowed the appeal and held that Singh’s appointment was invalid.
- The Supreme Court’s decision was unanimous.
- The Supreme Court’s decision was delivered by Justice A.S. Anand.