What is Article 164?

The West Bengal Chief Minister Mamata Banerjee lost in Nandigram. She lost the seat to her former protégé-turned-BJP leader Suvendu Adhikari by a margin of 1956 votes. Protégé is a person supported by a more experienced person. However, she can still take over as the Chief Minister of the State. This is permitted under Article 164 (4).

Article 164

The Article 164 lists the following:

Article 164 (1): The Chief Minister is appointed by the Governor of the state.

Article 164 (2): The Council of Ministers are collectively responsible to the Legislative Assembly of the state.

Article 164 (3): The Governor administers the oaths of the minister.

Article 164 (4): A Minister who is a not a member of the Legislative Assembly shall cease to be a minister at the end of six months.

Article 75

As that of the provisions provided for the State Legislature under Article 164, Article 75 provides the provisions for the Central Legislature.

Article 75 (1): PM and other ministers shall be appointed by the President.

Article 75 (2): Ministers shall hold office during the pleasure of the President.

Article 75 (3): The Ministers are collectively responsible to Lok Sabha

Article 75 (4): The President administers oaths to the ministers

Article 75 (5): A member who is not a member of both the houses for six months will cease to be a member of either of the house.

Chief Minister and Prime Minister

According to Article 164 (4) and Article 75 (5), the CM and PM shall hold their offices even if they are not members of their respective houses. By this law, Mamta is to be appointed as the Chief Minister of West Bengal even if she has lost the election. However, she has to become the member of the West Bengal State Legislature within six months.

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