Question

under what provision can a non member of the Parliament be appointed as a member

Answer 1

Generally, Ministers are appointed from the legislature.1 But an exception to this rule is carved out by the Constitution itself under Article 164(4). The corresponding provision for the Union is contained in Article 75(5). In Har Sharan Verma v. Tribhuvan Narain Singh2, the appellant challenged the appointment of the respondent, who was appointed as Chief Minister of U.P. on 18-10-1970 and who was not a Member of the legislature at the time of his appointment. The High Court dismissed the writ of quo warranto filed under Article 226 but granted the certificate under Article 132 of the Constitution. A five-Judge Constitution Bench of the Supreme Court interpreted Article 164(4) for the first time. It was contended on behalf of the appellant that Article 164(4) applied only to a person who was already a Minister but for some reason or the other ceases to be a Minister. Such person can continue for 6 months but there cannot be an initial appointment of a non-Member of the legislature of a State as Minister. This contention was negatived by the Constitution Bench. Chief Justice Sikri speaking for a unanimous Constitution Bench, observed as follows

Answer 2

Answer:

In case a non-member is appointed as a Minister, he must be elected or nominated to the Parliament within six months from the date of his appointment. Failing this he will have to resign the post as a Minister.