When does a Chief Minister Cease to Hold Office?
Context:
Following the recent West Bengal Assembly elections, controversies surrounding the verdict and the incumbent Chief Minister's initial assertion to not resign have reignited debates over the constitutional tenure of a Chief Minister.
Constitutional Provisions and the Governor's Power:
Article 164(1):
The Constitution mandates that the Chief Minister shall be appointed by the Governor, and other ministers shall be appointed on the CM's advice.
It explicitly states that Ministers "shall hold office during the pleasure of the Governor".
While a literal reading suggests the Governor possesses the direct authority to remove a Chief Minister, this power is not absolute.
During the framing of the Constitution, Constituent Assembly members cautioned against provisions that could lead to an arbitrary exercise of gubernatorial discretion.
In established constitutional practice, a Chief Minister continues in office only as long as they enjoy the confidence of the majority in the Legislative Assembly.
The ultimate test of this majority is conducted through a floor test in the House; if the CM fails to prove their support, they are bound to resign.
End of Assembly Tenure:
A Chief Minister's term is intrinsically linked to the lifespan of the State Assembly.
Upon the expiration of the Legislative Assembly's tenure and its subsequent dissolution, the incumbent automatically ceases to hold office as Chief Minister.
In such a scenario, a formal resignation makes no material difference to their status.
Legal Recourse for Challenging Elections:
Representation of the People Act, 1951:
Under Section 100 of the RPA, 1951, a candidate's election can be legally challenged and declared void.
Valid grounds include proven corrupt practices or a returning officer's non-compliance with statutory provisions.
Election and Writ Petitions:
An election petition must be filed before the High Court within 45 days of the result declaration.
Additionally, a writ petition may be maintainable if the challenge involves the fundamental integrity of the electoral process, such as the large-scale, arbitrary deletion of voters which constitutes a violation of fundamental rights.