Leader of opposition made Minister in Government of State.

24, Jun 2019

Context:

• Rtd. High Court Judge Thipsay questions appointment of Vikhe• Patil (Leader of Opposition), Kshirsagar as ministers.
• Leader of Opposition of Maharashtra has reigned from his party and joined party in government and sworn as minister

Issues:

• By the Constitution (91st Amendment) Act, 2003, Clauses (1A) and (1B) were inserted in Article 164, which provide for appointment of Chief Minister and other ministers. Clause (1B)  states  that  a  member  of  either  House  of  the  legislature  of  a  State,  belonging  to  a political party, who is disqualified to be appointed as a minister for duration of the period commencing from the date of his disqualification.
•  ‘‘Disqualification on ground of defection.
• • Clause (a) of paragraph 2 is “if he has voluntarily given up his membership of such political party.

• • Apart from this, Article 164(4) only permits a person to be a minister for a maximum period of six consecutive months without being a member of the legislature.