Along Longkumer
Consulting Editor
Is it possible to be a Lok Sabha MP and a State Minister at the same time?
In an earlier write-up in this column it had been mentioned that if the present Lok Sabha Member of Parliament goes on to win the Assembly Election and return to State politics, Nagaland could be witness to a Lok Sabha Bye-Election, which will be both costly and time consuming. He did go on to win the State Assembly Election, took oath as an MLA and was sworn in as a Cabinet Minister with the important portfolio of School Education. However in order to avoid such a scenario as mentioned above, the MP took the decision to resign from his Assembly seat and instead retained the Lok Sabha seat. Strangely though, the Lok Sabha MP has argued that he will also continue to be a Minister in the DAN III government. The Lok Sabha MP’s Press Secretary in a communiqué to the local media reiterated what the MP had stated earlier, which is that he could “remain as minister in the DAN-III government and also continue to be the Lok Sabha MP as per election law”. Now the question really is whether someone can be a Minister in the State government and also represent the State as a Member of Parliament in the Lok Sabha all at the same time. Perhaps the Lok Sabha MP or for that matter the State government should clarify and specify more on the so called election law, which, according to the MP permits such an arrangement of holding dual positions.
The Lok Sabha MP is right in giving up membership of the Nagaland Legislative Assembly in order to continue as an MP in Parliament or vice-a-versa. This is as per the Election Law which prohibits simultaneous membership to a House of Legislature of a State and of Parliament at the Union. However does the law allow him to continue as Minister in such a situation as of now where he retains his Parliamentary seat? To give the benefit of doubt to our honorable Lok Sabha MP, perhaps he is going by the assumption that a person can be appointed as a Minister and continues therein without being a member of the Assembly, although such a person will have to get elected within six months. Article 164 (4) of the Indian Constitution has such a provision. As such any person can be a Minister even without being an MLA for a period upto six months. However in this particular case, the person also happens to be a sitting Member of Parliament.
The intention of writing this editorial is not to cast aspersion on anybody but to find out whether the law really does allow such an arrangement. The question we are raising in today’s column is whether a sitting Member of Parliament can simultaneously become a Minister of a State in India? The answer could probably be no. Further, is it really possible for the same person to perform the twin tasks assigned? Will he be able to do justice to his responsibility as a Minister in the State and also as a MP in Parliament? It is true that a Member of Parliament can become a Minister in his or her State but, according to this writer, not at the same time, unless off course this is proven otherwise. It will be in public interest for the State government to clear the air about the provision in the Election Law, if there is one, that allows a sitting MP in the Union Parliament to be a Cabinet Minister in the State government simultaneously. Perhaps the new Governor should ask his government to clarify and if need be rectify the situation.
(Feedback can be send to consultingeditormex@gmail.com)
