Maharashtra CM Uddhav Thackeray to enter Legislature: The Constitutional Features

Mr Uddav Thackeray is the current Chief Minister of Maharashtra.

Article 164

The Article 164 of the Constitution provides every provision for a Chief Minister of a state. According to the article, any person who has the support of majority of the elected members of the legislative assembly shall be appointed as the CM by the governor of the state. In this case, if the person is not the member of the legislative assembly, or if he has lost the general election, he can still be appointed as the CM provided he has the support of majority of the members. However, he has to win an election within 6 months.

The Current Scenario

Mr Thackeray is to enter the state Legislature through Legislative Council. He is not a Member of the Maharashtra State Legislative Assembly. However, he was sworn in as the CM of Maharashtra on November 28, 2019 as he earned the support of majority of elected members of the State Legislature. Now he has time till May 27, 2020 to win any of the elections of state legislature.

Legislative Council

The Election Commission on the request made by the Maharashtra Governor BS Koshyari is to conduct Maharashtra Legislative Council Election.

Article 169

The Article 169 provides the features of a legislative council. One-third of the members of LC are elected through local body election such as Gram Panchayat, district councils, municipalities, etc. One-third are elected by members of State Legislature. One sixth are nominated by the Governor. One twelfth are elected by persons that are engaged in teaching professions such as universities, colleges, high schools for at least three years.

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