When does a Chief Minister cease to hold office? Constitutional provisions and legal precedents
The article examines constitutional provisions and legal precedents regarding a Chief Minister's (CM) tenure, specifically when they cease to hold office due to losing the Legislative Assembly's confidence. While Article 164 states a CM holds office "during the pleasure of the Governor," this is not absolute, being contingent on maintaining Assembly confidence. The Governor can remove a CM who has lost confidence, but the CM must be allowed to prove their majority via a floor test. The article emphasizes that the ultimate test of confidence lies on the floor of the House, not the Governor's subjective assessment, and discusses the Governor's role in summoning the Assembly.
Key Points
- A Chief Minister holds office "during the pleasure of the Governor," but this is conditional on retaining the confidence of the Legislative Assembly.
- The Governor can remove a CM who has lost confidence, but the CM must be given an opportunity to prove their majority through a floor test.
- The Governor's power to summon the Assembly for a floor test is crucial in determining the CM's majority.
- The CM's term is not fixed and can end prematurely due to loss of confidence, resignation, or disqualification.
- Legal precedents affirm that the ultimate test of confidence must occur on the floor of the House, not based on the Governor's discretion.
Exam Facts
- Article 164 of the Constitution states that the CM holds office "during the pleasure of the Governor."
- The Supreme Court has ruled that the Governor's power to remove a CM is not absolute.
- The Calcutta High Court ruled that a floor test must be held within 24 hours of the Governor's decision.
- The article mentions the Trinamool Congress leader Mamata Banerjee in a related context.
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