Constitutional Crisis in Maharashtra | 23 Apr 2020

Why in News

A constitutional crisis has occurred in Maharashtra that threatens the position of incumbent Chief Minister.

Key Points

  • The current Chief Minister took the oath of his office on November 28, 2019 without being a member of either the State legislature or council.
    • Article 164(4) of the Constitution allows a person to become a Minister without being a member of either House of State legislature for the period of six months from the date of oath.
    • Therefore in this case, the last date to become a member of either House is May 24, 2020.
  • Election postponed: However, the Election Commission has postponed all elections due to the coronavirus outbreak.
  • Governor’s quota: The state cabinet on April 9, 2020 recommended that the present Chief Minister be nominated to the Legislative Council from the Governor’s quota.
    • Article 171 of the Constitution mandates the Governor to nominate members to the Legislative Council who have special knowledge or practical experience in literature, science, art, cooperative movement and social service.
    • However, the Governor has not taken any decision yet, which has created trouble for Uddhav Thackeray’s CM post.
  • Other legal issue: The other legal issue is related to Uddhav Thackeray’s nomination to the Legislative Council on the vacant seats.
    • According to Section 151A of Representation of the People Act 1951, nomination to the post cannot be done if the remainder of the term of a member in relation to a vacancy is less than one year.
    • Currently, there are two vacancies in Council whose terms will end on June 6, 2020. Therefore, the term of these two vacancies is less than one year.
  • Bypoll: The time limit for a bypoll to fill vacancies is six months from the date of occurrence of vacancy. Provided that nothing contained in this section shall apply if —
    • The remainder of the term of a member in relation to a vacancy is less than one year; or
    • The Election Commission in consultation with the Central Government certifies that it is difficult to hold the by-election within the said period.

Source: IE