...1. Heard the petitioner appearing in person. 2. The Karnataka Legislative Assembly has 225 members. As of today, according to the case of the petitioner, there are 28 Honble Ministers appointed in accordance with Clause (1) of Article 164 of the Constitution of..., the Chairpersons of various Boards and Corporations will have to be treated as Honble Ministers. He submits that if the number of such Chairpersons of the said Boards and Corporations is taken into consideration, the total number of Honble Ministers will exceed 15% which will amount to violation of Clause (1A) of Article 164 of the Constitution of.... Merely because salary and other perquisites which are admissible to the post of Honble Ministers are provided to the Chairpersons, they cannot become Honble Ministers. The nature of the powers which they exercise and their duties are totally different. Therefore, while testing the compliance of Clause (1A) of Article 164 of the Constitution, only...

...Order1. The petitioner has filed this petition under Article 32 of the Constitution praying for the issue of a writ in the nature of quo warranto to the respondent K.P Tewari who has been appointed in November 1984 as a Minister of the Government of Uttar Pradesh under Article 164(1...Constitution by the Constitution (Sixteenth) Amendment Act, 1963.4. The petitioner contends more pointedly in this case that after the amendment of Article 173 of the Constitution by the Constitution (Sixteenth) Amendment Act, 1963, it is not open to the Governor to appoint a person who is not a member of the Legislature of the State as a Minister and that Article 164(4...not only before taking his seat shall a member of the Legislature take the oath prescribed by the Third Schedule as required by Article 188 of the Constitution but that even before standing for election, a candidate must take the same oath. This is to ensure that only a person having allegiance to India shall be eligible for membership of the Legislature.11. Article 163(1) and Article 164 of...

...brief period of six months for the individual concerned during the term of the House. (See S.R Chaudhuri v. State of Punjab (2001) 7 SCC 126.) Like all exceptions the exception in Article 164(4) should be strictly construed and should not be extended to situations not contemplated by it.3. In a written Constitution it...)VI. It may be contended that the Ministers were appointed by the Chief Minister and their appointments are not invalid on account of the de facto doctrine. The Ministers so appointed did not suffer from any disqualification regarding their appointment and consequently these Ministers continue to remain in office.This argument is not tenable in view of the scheme of Articles 163 and 164 of the Constitution. Article 163....”Article 144(3) of the Draft Constitution which corresponds with Article 164(4) of the Constitution reads as under...

...judgment of the High Court dismissing the writ petition in limine.2. Since the meaningful question involved in this appeal revolves around the ambit and scope of Article 164 and in particular, of Article 164(4) of the Constitution of...interpretation of the article and consideration of various precedents, it would be useful to take note of the debates of the Constituent Assembly during the enactment of Article 164(4).7. Article 144(3) of the Draft Constitution which...corresponds to Article 164(4) of the Constitution reads:“144. (3) A Minister who, for any period of...

...Minister for the State of………..and that I will do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.”8. In terms of Article 164 of...the Constitution of India, the Chief Minister is to be appointed by the Governor and other Ministers are to be appointed by him on the advice of the Chief Minister. The Ministers are to hold the office during the pleasure of the Governor.9. In terms of Clause (3) of Article 164 of..., does not violate the oath of office and secrecy as provided for in III Schedule appended to the Constitution of India. In any event, having regard to the express provisions contained in Article 164 of...

...cannot and should not hold the said office. He has emphatically put forth that apart from the prohibitions contained in Articles 102 and 179 of the Constitution and the conviction under the 1951 Act, the relevant stage in trial needs to be introduced to the phraseology of Article 75(1) as well as Article 164(1...Constitution Bench ruled that a non-legislator can be made a Chief Minister or Minister under Article 164(1) only if he has qualifications for membership of the Legislature prescribed...Court opined that acceptance of such a submission would invite disaster. The Court further ruled that when a person is not qualified to become a Member in view of Article 173, he cannot be appointed as a Chief Minister under Article 164(1). Be it noted, there was disqualification in the Constitution and...

...Government has accepted the judgment. The saving clause is only to justify the illegal appointments that were made by virtue of the 2012 Act.9. Before proceeding to deal with the submissions made on either side, it is necessary to take note of the relevant provisions in the Constitution of India that would arise for consideration in this case. Article 164(1...the Constitution of India provides that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and that the Ministers shall hold office during the pleasure of the Governor. Article 164(1..., 39 and 40 in List II were not there in the Seventh Schedule, the State Legislature would still be competent to make laws on topics indicated in those three entries because of the authority contained in Articles 164(5), 186, 194, 195 etc. Therefore, any interpretation on legislative power sought to be given to these entries which is not contemplated by the corresponding Article, was considered to be repugnant to the scheme of the Constitution, as...

...of the Constitution. The High Court dismissed the writ petition but granted a certificate under Article 132 of the Constitution. That is how the matter reached this Court.3. Now, Article 164(4...take the oath prescribed by the Third Schedule as required by Article 188 of the Constitution but that even before standing for election a candidate must take the same oath. This was to ensure that only a person having allegiance to India shall be eligible for membership of the legislature. The Court further pointed out that clause (4) of Article 164 of...been combined into one. The proviso to Article 164(1) which is special to States, is not to be found in Article 75. The rest of the clauses of the two articles are identical except for consequential changes.14. On a plain reading of Article 75(5) it is obvious that the Constitution-makers...

...S.M Sikri, C.J— In this appeal by certificate granted by the High Court under Article 132 of the Constitution a short question as to the interpretation of clause (4) of Article 164 of...Constituency to the Uttar Pradesh Legislative Assembly, filed a petition under Article 226 of the Constitution in the High Court challenging the appointment of the respondent as Chief Minister. The High Court dismissed the petition but granted a certificate under Article 132 of the Constitution, and the appeal is now before us.Article 164(4...there is no warrant in the language of the article. He further says that even in England a person can be a Minister without being a Member of the House of Commons or the House of Lords. He further points out that a number of Constitutions contain similar provisions.3. It seems to us that clause (4) of Article 164 must be interpreted in the context of Articles 163 and 164 of the Constitution. Article...

...PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ANY OTHER WRIT IN THE NATURE CERTIORARI OR DIRECTION OR MANDAMUS OR TO STRUCK DOWN THE 14 COUNCIL MINISTER INCLUDING CHIEF MINISTER OF KARNATAKA AS COUNCIL MINISTERS UNDER ARTICLE 164(1A...) OF THE CONSTITUTION OF INDIA AS UNCONSTITUTIONAL, FROM 03/06/2026 TO TILL COMPLIANCE OF UNDER ARTICLE 164(1A...: "a. Issue any other writ in the nature certiorari or direction or mandamus or to struck down the 14 Council Minister including Chief Minister of Karnataka as Council Ministers under Article 164(1A) of the Constitution of...

..., We shall deal with that matter at the end. We have heard Sri Har Sharan Varma, who has argued the writ petition himself.4. Sri Har Sharan Varma has contended that the Constitution does nowhere provide that a person who is not already a member of the Legislature can be appointed the Chief Minister of a State. In regard to Cl. (4) of Article 164 of...exercise his function or any of them in his discretion. Clause (1) of Article 164 of the Constitution then proceeds to lay down that the Chief Minister shall be appointed...by the Governor and the other Ministers shall be appointed by the Governor on the advise of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor. Clause (2) of Article 164 of the Constitution further...

..., the period of six months envisaged under Article 164 of the Constitution of India was coming to an end but the fact remains that he resigned at a point of time when the Chief Minister was...appellant herein solely on the ground that the respondent, at the time of filing his nomination paper being not above the age of 25 years as mandatorily required under Article 173(b) of the Constitution...the People Act and the rules made thereunder had been enacted to protect the purity of the election. Article 173 of the Constitution of India underlines a salutary object. It postulates that a person...

...Governor on the advice of the Chief Minister under Article 164 of the Constitution of India. The Ministers shall hold...the office during the pleasure of the Governor. The wordings in the Article 164 are clear answers to the petitioner's prayer in the writ petition.3. Article 164(1) of the Constitution of...India clearly provides that the Ministers shall hold office during the pleasure of the Governor. Exercise of this pleasure has not been fettered by any condition or constriction or restriction. The Governor has wide and large powers in these matters. Withdrawal of pleasure is entirely in the discretion of the Governor and the Governor alone. Article 164(2) of the Constitution of...

...Government or any local authority.4. Learned counsel for the petitioner alleged that in view of Section 9 of the aforesaid Act person, who is a M.L.A has a right to be a member that is no doubt correct but once a person becomes Minister he is in Government service and under Article 164 of the Constitution of...challenged the motion of no confidence against her. Petitioner was elected as a Chairman of Nagar Panchayat, Maghar, Sant Kabir Nagar.3. There are 15 members of Nagar Panchayat and it is...alleged that in the meeting of no confidence motion only 9 members attended the meeting and all 9 members voted against the petitioner. Hence it is contended by the learned counsel for the petitioner that...

...aforesaid three writ petitions. The impugned action is pleaded as to be in conformity with the Constitution. The Petitioners' allegation that the appointment of the Parliamentary Secretaries result in infraction of Article 164(1A...the continued inclusion of the Parliamentary Secretary in the Schedule to the Act is not in violation of any provisions of the Constitution, it is contended. 4. The sum and substance of the arguments on behalf of the Petitioners is that by having Parliamentary Secretaries, the limit prescribed under Article 164(1A...is indicated, to point out that some of the matters from a couple of other States are still pending before Their Lordships of the Supreme Court. Be that as it may, apart from the law laid by the Hon'ble Supreme Court in Bimolangshu Roy (supra), Article 163(1) of the Constitution provides for a Council of Ministers with the Chief Minister as the head for the purposes stated therein. Article 164(1...

...some of the matters from a couple of other States are still pending before Their Lordships of the Supreme Court. Be that as it may, apart from the law laid by the Hon'ble Supreme Court in Bimolangshu Roy (supra), Article 163(1) of the Constitution provides for a Council of Ministers with the Chief Minister as the head for the purposes stated therein. Article 164(1...the Constitution provides inter alia that the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advise of the Chief Minister. Clause (1A) of Article 164 of...Minister by the Governor in terms of Article 164(1) of the Constitution. xxx xxx xxx" 2. We have read the allegations in this application. There is nothing...

...ANNEXURE-J respectively. ii. Declare the appointments to be illegal and unconstitutional on the grounds of violation of Article - 10 - 164(1A) of the Constitution of...equivalent to that of a Minister and also the associated pecuniary benefits. The petitioner contends that the same violates the second proviso to Article 164(1A) of the Constitution of India, which...number of Ministers permitted under Article 164(1A) of the Constitution of India is 33 (15% of 224). Notwithstanding the said limit, approximately 159 persons are drawing remuneration equivalent to that...

....5 of 2016 16.08.2017 In this petition, the petitioner has questioned the validity of the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, on the ground that this enactment is violative of the mandate of Clause (1-A) of Article 164 of the Constitution of...and is also violative of the requirements of Articles 154, 162 and 246 of the Constitution of India; and further, with the submissions that the law making power of the State Legislature does not extend...to take up this matter for consideration after counter affidavit/s from these official respondents. After filing of such counter affidavit/s, the submissions were made before this Court about the...

...the different Ministers who are also specified in that regard.2. Writ Petition (PIL) No. 119 of 2016 is filed seeking that the appointment of the aforesaid persons as Parliamentary Secretary be invalidated by holding that such appointments are void ab initio, fundamentally for the reason that such appointments result in infraction of Article 164(1A) of the Constitution of...conformity with the Constitution. The Petitioners' allegation that the appointment of the Parliamentary Secretaries result in infraction of Article 164(1A) of the Constitution..., is refuted. The inclusion of the Parliamentary Secretaries in the Schedule to the 1967 Act had never been under challenge and the continued inclusion of the Parliamentary Secretary in the Schedule to the Act is not in violation of any provisions of the Constitution, it is contended.4. The sum and substance of the arguments on behalf of the Petitioners is that by having Parliamentary Secretaries, the limit prescribed under Article 164(1A...

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