ARTICLE 164 (4)

Subject: Polity

Context: Mamata not the first CM to lose, has to win bypoll in 6 months.

Concept:

Article 164(4) of the Constitution of India states that a Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
It is implied in the language of clause (4) that every Minister should normally be a Member of the State Legislature which means of either House if the State Legislature is bicameral.
It is permissible to appoint a person who is not such a Member but then he must get elected within six months or else he shall cease to be a Minister on the expiration of that period.
It is a clear fraud on the Constitution to misinterpret and misuse this provision (i) to re-appoint a non-member after six months by giving a few days’ break, (ii) to appoint a person who is disqualified for being a Member, or (iii) to appoint someone who resigns his membership only to escape disqualification.
A non-member can also be appointed Chief Minister and he can continue to hold office if he gets elected to the State Legislature within a period of six months.