- (1.) 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 Art. 164 of the Constitution arises. This question has arisen in connection with the appointment on October, 18. 1970, of Shri Tribhuvan Narain Singh as Chief Minister of Uttar Pradesh. He was not a member of either House of Legislature of the State of Uttar Pradesh at the time of his appointment.
(2.) The appellant, who is a rate-payer of the Lucknow 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.
(3.) Article 164 (4) reads as follows: "164 (4) 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". The appellant contends that this clause only applies when a Minister, who is a Member of the Legislature of the State, loses his seat and the idea behind Clause (4) of Article 164 is to give him a period of six months to get himself re-elected. The learned Counsel for the respondent, Mr. Singhvi, contends that the scope of Clause (4) cannot be whittled down in this manner as 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.;