Case: Har Sharan Verma Vs. Tribhuvan Narain Singh, Chief Minister U.P. &amp; Anr

2. The appellant, who is a rate-payer of the Lucknow Constituency to the Uttar Pradesh Legislative Assembly, filed a petition under Article 226 of the Constitution in the High Court challenging the appointment of the respondent as Chief Minister. The High Court dismissed the petition but granted a certificate under Article 132 of the Constitution, and the appeal is now before us.

Reasoning: 4. It seems to us that Clause (4) of Article 164 must be interpreted in the context of Articles 163 and 164 of the Constitution. Article 163 (1) provides that "there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion". Under Cl.(1) of Article 164, the Chief Minister has to be appointed by the Governor and the other Ministers have to be appointed by him on the advice of the Chief Minister. They all hold office during the pleasure of the Governor Clause (1) does not provide any qualification for the person to be selected by the Governor as the Chief Minister or Minister, but Clause (2) makes it essential that the Council of Ministers shall be collectively responsible to the Legislative Assembly of the State. This is the only condition that the Constitution prescribes in this behalf.It seems to us that in the context of the other provisions of the Constitution referred to above there is no reason why the plain words of Clause (4) of Article 164 should be cut down in any manner and confined to a case where a Minister loses for some reason his seat in the Legislature of the State. We are assured that the meaning we have given to Clause (4) of Article 164 is the correct one from the proceedings of the Constituent Assembly and the position as it obtains in England, Australia and South Africa.