S.R. CHAUDHURI versus STATE OF PUNJAB AND ORS.

S.R. CHAUDHURI versus STATE OF PUNJAB AND ORS.

Reappointment of a non-legislator as Minister during the same legislative assembly term without election within six months is improper, undemocratic, invalid and unconstitutional; the privilege allowed under Article 164(4) is a personal, single-use exception and cannot be repeatedly used.

Parties
Appellant: S.R. Chaudhuri; Respondents: State of Punjab and Ors.
Jurisdiction
India
Judgment Date
17 August 2001
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab and Haryana High Court
Outcome
Appeal allowed
Legal Topics
Appointment of Ministers, Article 164(4), Representative Government, Interpretation of Constitution
Constitutional Law Appointment of Ministers Article 164(4) Representative Government Interpretation of Constitution

Case Brief

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Parties

S.R. Chaudhuri

Appellant

State of Punjab and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Punjab and Haryana High Court

Legal Issues

  1. 1 Whether a non-legislator can be reappointed as Minister during the same legislative assembly term without election within six months as per Article 164(4) of the Constitution of India

Ratio Decidendi

Reappointment of a non-legislator as Minister during the same legislative assembly term without election within six months is improper, undemocratic, invalid and unconstitutional; the privilege allowed under Article 164(4) is a personal, single-use exception and cannot be repeatedly used.

Court Disposition

Appeal allowed

Orders

  • Reappointment of Shri Tej Parkash Singh as Minister with effect from 23.11.1996 set aside as improper, undemocratic, invalid and unconstitutional.
  • This judgment shall not render any order or action taken by Shri Tej Parkash Singh as Minister after his reappointment invalid solely on account of his reappointment being found invalid.