HAR SHARAN VERMA versus STATE OF U.P. & ANR.

HAR SHARAN VERMA versus STATE OF U.P. & ANR.

There is no material change due to the amendment of Article 173(a) of the Constitution in the legal position that a person who is not a member of the State Legislature may be appointed as a Minister, as long as he becomes a member within six months, per Article 164(4).

Parties
Petitioner: Har Sharan Verma; Respondent: State of U.P.; Respondent: K.P. Tewari
Jurisdiction
India
Judgment Date
10 January 1985
Procedural Posture
Writ Petition (civil) No. 17135 of 1984 / Final Decision by Supreme Court
Outcome
Petition dismissed
Legal Topics
Appointment of Ministers, Qualifications for Membership in State Legislature, Effect of Constitutional Amendments
Constitutional Law Appointment of Ministers Qualifications for Membership in State Legislature Effect of Constitutional Amendments

Case Brief

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Parties

Har Sharan Verma

Petitioner

State of U.P.

Respondent

K.P. Tewari

Respondent

Procedural Posture

Writ Petition (civil) No. 17135 of 1984 / Final Decision by Supreme Court

Legal Issues

  1. 1 Whether a person not a member of State Legislature can be appointed as a minister after the amendment of Article 173(a) of the Constitution

Ratio Decidendi

There is no material change due to the amendment of Article 173(a) of the Constitution in the legal position that a person who is not a member of the State Legislature may be appointed as a Minister, as long as he becomes a member within six months, per Article 164(4).

Court Disposition

Petition dismissed

Orders

  • Petition dismissed.