In politics, reversal is possible at any time. At this time the latest issue is about the politics of Jharkhand. Where the possibility of a big upheaval is visible. The reason is that ED action is going on against Chief Minister Hemant Soren in the land scam case. There is speculation that the allegations against him in this case may be proved. Which means that Hemant Soren may have to resign from the post of Chief Minister and go to jail. However, meanwhile, there is a discussion in the political circles that before being arrested, CM Soren can hand over the power of the state to his wife. In such a situation, the question arises whether there is any such rule in the Constitution or not.
Politics of Bihar
These speculations going on in Jharkhand are the former state of Bihar. Reminds me of Chief Minister Lalu Yadav. When former Chief Minister of Bihar Lalu Yadav handed over his throne to his wife Rabri Devi amidst the fear of going to jail. Let us know which is the rule of the Indian Constitution, which allows a non-political person to become the Chief Minister. How did Lalu’s wife Rabri Devi become the Chief Minister?
A similar case had come 26 years ago. Janata Dal President Lalu Prasad Yadav had surprised everyone then. In July 1997, he declared his wife Rabri Devi as the new Chief Minister of Bihar. Before this, Rabri Devi was known only as Lalu Yadav’s wife. Rabri Devi, who studied till fifth class, had not even contested any election till then. Despite all this, he was made the Chief Minister of Bihar, one of the largest states of the country. This became possible with Article 164 of the Constitution.
What is Article 164?
Article 164 contains rules related to the appointment of the Chief Minister and the Council of Ministers of the state. Is. This article says that the Chief Minister will be appointed by the Governor. Apart from this, the Governor will appoint the remaining ministers on the advice of the Chief Minister. The State Council of Ministers will be collectively responsible to the State Assembly. Apart from this, before a minister assumes his office, the Governor will administer him the oath of office and secrecy. At the same time, if a minister is not a member of the State Legislative Assembly for a continuous period of six months, then at the end of that period the tenure of his minister will also end. In simple words, Article 164 (1) says that the Chief Minister is appointed by the Governor. But the Governor does not appoint anyone as Chief Minister as per his wish. After the elections, the Governor invites the party getting the majority to form the government. The winning candidates choose who will be the Chief Minister of the state. However, Article 164 (4) adds a condition to it. It says that to become a minister it is not necessary that the person be a member of the state legislature. But after becoming the Chief Minister or Minister, that leader will have to win the elections within 6 months and become a member of the State Assembly or Legislative Council. But if that person does not win the election, he will have to resign from the post of minister.
This leader became the Chief Minister of Uttarakhand even after losing the election.
Chief Minister Pushkar Singh Dhami and Bengal Chief Minister Mamata Banerjee became Chief Ministers despite losing the elections. However, these leaders got a chance to become part of the legislature by winning the elections within 6 months under Article 164 (4).
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