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MLC disqualified for being appointed as a Minister:

Topics Covered: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.

MLC disqualified for being appointed as a Minister:

Context:

The Karnataka High Court has held that Vishwanath stands disqualified under the anti-defection law and hence cannot be inducted into the state cabinet.

  • The High Court held that AH Vishwanath has incurred disqualification under Article 164(1B) and Article 361 B of the Indian Constitution.

Article 164(1B):

  • It states that a member of Legislative Assembly of a State or either House of the Legislature of a State having Legislative Council, belonging to any political party, if disqualified as a member of the Assembly, shall also be disqualified to be appointed as a Minister for the period of their disqualification.

What’s the issue?

A petition was filed in the court alleging that AH Vishwanath had been appointed as members of the Legislative Council for the sole purpose of making them ministers, despite the fact that Vishwanath had lost the bye-polls.

  • The petitioner argued that he was still disqualified as per the Supreme Court judgement on November 19, which upheld former Assembly Speaker Ramesh Kumar’s orders for disqualification.
  • The plea maintained that a disqualified member can become eligible to hold the position of a minister only if they win the bye-elections from the same constituency.

Background:

Article 361B- Disqualification for appointment on remunerative political post:

  • A member of a House belonging to any political party who is disqualified for being a member of the House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.

InstaLinks:

Prelims Link:

  1. Article 361B.
  2. Article 164(1B).
  3. Tenth schedule of Indian Constitution.
  4. Suspension of MLAs and MPs- powers and procedures.
  5. Grounds for disqualification of MLAs.

Mains Link:

Discuss the need for and significance of the 10th schedule of the Indian Constitution.

Sources: the Hindu.