February 2026

A Chief Minister without the house seat: How did the Supreme Court settle the law?

Sunetra Pawar, Dy. CM, not MLA or MLC?

Questions about the legality of NCP leader Sunetra Power taking oath as Maharashtra deputy chief minister since she is neither an elected member of the Maharashtra Legislative Assembly nor a member of the Legislative Council. She was not even a cabinet minister when the oath was administered to her.

Article 164 (4)

According to article 164(4) of the constitution permits such appointments for a limited period.

A person to be appointed as a Minister for up to six months without being a member of the Legislature, provided they secure membership within that period.

Bihar after 1967

After 1967 elections Bihar produced its first non-Congress government under the Samyukta Vidayak Dal (SVD), a loose coalition of Socialists, Janasanga members and other anti-Congress forces.

Mahamaya Prasad Sinha

Mahamaya Prasad Sinha, an MLA of the Jan Kranti Dal, became the Chief Minister.

Congress backing Mandal for CM

The disagreements started and split in the Samyukta Socialist Party (SSP), the SVD Government fell. The SVD split forces CM Sinha to resign in January 1968 and the Congress backed Mandel for the CM post.

Bindeshwari Prasad Mandal, OBC leader

Bindeshwari Prasad Mandal, a prominent OBC leader, formed a separate Shoshit Dal, forming the Government with Congress support. But Mandal was not a member of either house of the Bihar legislature.

Satish Prasad Sinha, 5 day CM

On Jan 28, 1968, Mandal's associate Satish Prasad Sinha, then 37, was sworn in as Chief Minister. Singh, who had been elected from the Parbatta Assembly seat on an SSP ticket in 1967, thus became Bihar's first OBC Chief Minister. Two days later the new CM facilitated Mandal to be nominated to the Legislative Council, after which he resigned. Singh was therefore CM for deliberately at least, a short sprint of five days.

UP in 1969-70

By 1969-70 a weakened Congress split into Congress (O) and Indira Gandhi's Congress (R). In U.P. Charan Singh's Bharatiya Kranti Dal (BKD) government, formed with Indira Gandhi's Congress support, collapsed when BKD MPs voted against her Privy process Abolition Bill in the Parliament. Charan Singh resigned on October 1, 1970, and President's rule was imposed.

Tribhuvan Narain Singh, RS MP became UP's 6th CM

President's rule was lifted and a new coalition with BKD, Janasanga and Congress (O) and other smaller groups formed the government. Tribhuvan Narain Singh, a Rajya Sabha member from the Congress (O), was sworn in as UP's 6th Chief Minister.

Questions about the legitimacy

Narayan Dutt Tiwari of the Congress are questioning Singh's legitimacy as the House leader. Speaker A.R. Kher ruled in Singh's favour the next day.

Allahabad HC dissmised the petition

Harsharan Verma, a Lucknow resident, petitioned the Allahabad High Court on Nov 4, 1970, arguing about this, but the High Court dismissed his plea, prompting Verma to move to the Supreme Court.

Supreme Court ruled in favor of Tribhuvan Singh

On March 16, 1971, the Supreme Court ruled that a person can be appointed Chief Minister without being an MLA or MLC, under Article 164 (4) applies to the Chief Minister and that such an appointment is valid for up to six months.

Failed to get elected to the house

Though the judgement was a victory for Singh, it did not help him stay on the chair for long. In early 1971 Singh contested the by-poll from Maniram assembly, now renamed as Gorakhpur Urban seat, but lost, making his resignation imminent.

Returned to Rajya Sabha

On March 30, 1971, his government lost the mandate on amendments moved by Narain Dutt Tiwari. Singh resigned and returned to Rajya Sabha, whose membership he had retained in all due course.