S.R. Chaudhuri case

Polity & Governance glossary

Also called: S.R. Chaudhuri v. State of Punjab (2001) · Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT

Meaning

In S.R. Chaudhuri v. State of Punjab (2001), the Supreme Court interpreted the six-month rule. Under this rule (Art. 75(5) for the Union and Art. 164(4) for the states), a person who is not a member of the legislature can become a minister but must be elected within six months. The Court held that such a person cannot be reappointed during the same legislature's term without first being elected. Repeated reappointment would be a fraud on the Constitution and would defeat the idea of responsible, elected government.

Example

Suppose a state government makes a non-MLA a minister. That person fails to get elected within six months and resigns. Under this judgment, the government cannot simply swear them in again for another six months.

Don't confuse with

  • Krishna Kumar Singh case (2017): it struck down the re-issuing of lapsed ordinances. S.R. Chaudhuri is about the repeated reappointment of unelected ministers.

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