Is the Chief Minister a Member of the State Legislature?

By Ritesh|Updated : September 3rd, 2022

The Chief Minister may be a member of either of the two-state legislature chambers, per the Indian Constitution. The lower house (legislative assembly) has traditionally chosen chief ministers, although the upper house (legislative council) has also nominated chief ministers on several occasions.

Members of the State Legislature

  • While serving as members of the state legislative council, C Rajagopalachari in Madras (now Tamil Nadu), Morarji Desai in Bombay (now Maharashtra), CB Gupta in Uttar Pradesh, and BP Mandal in Bihar were all nominated as chief ministers.
  • An individual who is not a member of the state legislature may be appointed as Chief Minister for six months.
  • If they are not elected to the state legislature during that period, they lose their position as Chief Minister.
  • For instance, despite not being elected to the state legislature, Bansilal and S B Chavan were chosen to lead Haryana and Maharashtra.
  • They subsequently won seats in the state legislature.
  • If they are elected to the State Legislature within six months of the date of their appointment, a person who is not a legislature member may be regarded as the chief minister.
  • If that didn't happen, they would stop being the chief minister.

Summary:

Is the Chief Minister a Member of the State Legislature?

According to the Indian Constitution, the Chief Minister may be a member of a state legislature's two chambers. Although the upper house (legislative council) has occasionally proposed a chief minister, the lower chamber (legislative assembly) has historically picked chief ministers.

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