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A person who is not a member of State Legislature can be appointed as Chief Minister for _______, within which time, he should be elected to state leg
Question

A person who is not a member of State Legislature can be appointed as Chief Minister for _______, within which time, he should be elected to state legislature, failing which he ceases to be Chief Minister.

A.

4 Months

B.

6 Months

C.

3 Months

D.

2 Months

Correct option is B

The correct answer is (b) 6 Months
Explanation:
. Article 164(4) of the Indian Constitution allows a non-member of the State Legislature to be appointed as a Minister, including the Chief Minister.
. Such a person can hold office for a maximum period of six months without being a member of the State Legislature.
. Within this six-month period, the person must get elected to either House of the State Legislature.
. If the person fails to get elected within six months, he or she ceases to be the Chief Minister automatically.
. This provision ensures democratic accountability while allowing flexibility in government formation.
Information Booster:
. A similar six-month provision exists at the Union level under Article 75(5) for Union Ministers.
. Several Chief Ministers in India have taken oath without being MLAs and later won by-elections within six months.
. The six-month rule was upheld by the Supreme Court of India in the S.R. Chaudhuri vs State of Punjab case.
Additional Knowledge:
4 Months (Option a)
. The Constitution does not mention four months for appointment of a non-legislator Chief Minister.
. Article 164(4) clearly specifies a six-month period only.
3 Months (Option c)
. There is no constitutional or legal provision prescribing three months.
. Any shorter tenure would be a political choice, not a constitutional requirement.
2 Months (Option d)
. Two months has no constitutional validity for such appointments.
. This option is included only to test knowledge of the exact six-month rule.

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