S.R. CHAUDHURI versus STATE OF PUNJAB AND ORS.

Citation: [2001] SUPP. 1 S.C.R. 621 · Decided: 17-08-2001 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Appeal(s) allowed
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Judgment (excerpt)

S.R. CHAUDHURI 
v. 
STATE OF PUNJAB AND ORS. 
AUGUST 17, 2001 
[DR. A.S. ANAND, CJ, R.C. LAHOTI AND 
K.G. BALAKRISHNAN, JJ.] 
Constitution of India, I950 
A 
B 
Article I64-Scope of-Non-legislator-Appointment as Minister- C 
Failure to get elected within six consecutive months-Re-appointment as 
Minister during the term of same legislative Assembly-Held, such re-
appointment is improper, undemocratic, invalid and unconstitutional-The 
privilege to continue as Minister for six months is only one time slot-The 
provision is an exception to the normal rule-Not an enabling provision for D 
appointment of non-legislator as a Minister. 
Interpretation of Constitution 
Constitution is required to be interpreted with an· object oriented 
approach in accordance with the intention of the framers of the Constitution-
E 
Not in narrow and pedantic sense-Debates in the Constituent Assembly may 
be relied upon as an aid to interpret-!nte1pretat ion must be such that the 
expectation of founding fathers and constitutionalists are fulfilled rather 
than frustrated-Constitutionalism. 
Constitutional Authorities-Duty to maintain constitutional restraint-
F 
Held, such restraint must not be ignored or bypassed if found inconvenient 
or bent to suit political expediency. 
Words & Phrases 
"Six consecutive months"-Meaning of-In the context of Constitution G 
of India-Article 164(4). 
Respondent, a non-legislator, who was appointed as a Minister, later 
resigned on the ground that he failed to get himself elected within a period 
of six months. He was re-appointed as Minister without being elected to the 
621 
H 
622 
SUPREME COURT REP.ORTS [2001) SUPP. I S.C.R. 
A legislature during the term of same Legislative Assembly. 
Appellant filed writ petition, seeking writ of quo warranto against the 
respondent on the ground that his re-appointment during the term of same 
Legislative Assembly was violative of constitutional provisions. The respondent 
contended that his re-appointment was valid since Article 164 of the 
B Constitution of India does not expressly bar such re-appointment. 
Allowing the appeal, the Court 
HELD: I.I. Re-appointment of respondent as a Minister after his 
resignation from the Council of Ministers during the term of the same 
C Legislative Assembly, without getting elected in the meanwhile was improper, 
undemocratic, invalid and unconstitutional. By permitting a non-legislator 
Minister to be reappointed without getting elected within the period prescribed 
by Article 164(4), would amount to ignoring the electorate in having its say 
as to who should represent it - a position which is wholly unacceptable. 
D 
(643-A-B; 645-BI 
"Constitutional law and History of Government of India, Government 
of India Act, 1935 and the Constitution of India" by C.l. Anand (Seventh 
Edition, 1992), referred to. 
Har Sharan Verma v. Shri Tribhuvan Narain Singh Chief Minister, U.P. 
E and Anr., (197111 SCC 616; Har Sharan Verma v. State of U.P. and Anr., 
(19851 2 SCC 48; Har Sharan Verma v. Union of India and Anr., 119871 
Supp. SCC 310 and S.P. Anand, Indore v. H.D. Deve Gowda and Ors., (19961 
6 sec 734 referred to. 
F 
1.2 Essentials of a system of representative government, like that in 
our country, are that invariably all Ministers are chosen out of the members 
of the Legislature and only in rare-cases, a non-member is appointed as a 
Minister, who must get himself returned to the Legislature by direct or 
indirect election within a short period. He cannot be permitted to continue 
in office indefinitely unless he gets elected in the meanwhile. (638-E-Fl 
G 
Shamsher Singh and Anr. v. State of Punjab, 119751 I SCR 814, 
referred to. 
Halsbury's laws of England (Fourth Edition) Volume 8 Para 819; 
Para 1006 of Volume 34 of Halsbury's laws of England (Fourth Edition) 
H Cabinet Government (Third edition page 60 by Sir Ivory Jennings; 
S.R. CHAUDHURI v. ST A TE 
623 
... "Constitutional and Administrative law" by Wade and Bradley Page 268; A 
Constitutional law of Canada by Peter W. Hoga; "Australian Constitutional 
law" (Second Edition) by Peter Hanks, referred to. 
State of New South Wales v. Commonwealth of Australia and Anr., 108 
A.L.R. 577, referred to. 
1.3. It would be subverting the Constitution to permit an individual, 
who is not a member of the Legislature, to be appointed a Minister repeatedly 
for a term of "six consecutive months", without getting himself elected in 
the meanwhile. The practice would be clearly der
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