When does a CM cease to hold office?, Pg8

Key Highlights:

• Mamata Banerjee, despite her party's loss in West Bengal, initially refused to resign as Chief Minister, alleging election irregularities on May 5.
• Article 164(1) of the Constitution states that the Governor appoints the Chief Minister, who holds office during the Governor's pleasure.
• A floor test is a constitutional mechanism to determine if the executive maintains the legislature's confidence.

Detailed Insights:

• The Constituent Assembly debated the Governor's power to remove a CM, with concerns raised about potential arbitrary discretion.
• B.R. Ambedkar clarified that the Council of Ministers holds office as long as it maintains the majority's confidence, a principle inherent in parliamentary systems.
• The Supreme Court, in A.G. Perarivalan v. State, affirmed that the Governor acts on the aid and advice of the Council of Ministers.
• Upon the Assembly's dissolution, the Chief Minister automatically ceases to hold office, regardless of a formal resignation.
• An election petition can be filed within 45 days to challenge election results based on grounds like corrupt practices or non-compliance with statutory provisions.
• Writ petitions can challenge the integrity of the electoral process, including allegations of arbitrary voter deletions violating fundamental rights.
• President’s Rule under Article 356 can be imposed if no party is able to form a stable government.

Key Concepts Involved:

• Article 164(1): Constitutional provision regarding the appointment and tenure of the Chief Minister and other ministers.
• Floor Test: A vote in the legislative assembly to prove that the government has the confidence of the majority.
• President's Rule: The suspension of a state government and direct rule by the central government under Article 356 of the Constitution.