Misuse of Section 164(4)

      Public are supreme power in the democratic set up and they have fundamental right to elect there representatives at all levels of any country after specific time through their votes, so considering it political parties always try to woo public with social and pro public actions, but it has seen that often they supersede public mandate and do favour towards their leaders unconstitutionally or ignoring public verdict, scores of examples are available of these kind in the country at state and national politics in which particular person of ruling party become minister despite not being member of any house and then spend time of six months period ,as per constitution any person can become minister without being member of any house but after passing six months he can’t remain minister if he/she fails to become member of house and in that case he/she has to resign, courtesy section 164(4), but when he/she found that it is not possible to win election inside six months period then resign and make mockery of law.
      Under section 164(4) of constitution political parties favour particular person or leader who despite not being member of any house become minister and then try to become member of house and if he/she found that its not possible to win election then resign from his/her post and can again become minister, this process keep on happening without any objection as per constitution. Below are examples of favour by different political parties towards their leaders –

• Former Chief Minister of Jharkhand State Mr. Shibu Soren become Chief Minster of state without being member of assembly courtesy 164(4) for eight times and inside six months period he resigned as chief minister then again become Chief Minister, its mockery of constitution and thus spent full term as chief minister of state without being member of house.
• Deputy Chief Minster of Punjab State Mr. Badal become two times deputy chief minister without being member of house, first time he was not succeed to win election and tender his resignation as deputy chief minister of state, but second time he won election, and now is deputy chief minister of state.
• Present Chief Minister of Jharkhand state is again not the member of house but to remain chief minister of state he has to win election and become member of the house, other wise he can repeat the story of Mr. Shibu Soren in the state.
• Present Prime Minster of the country at the time of taking charge of the nation was not member of any house but later on he become member of Rajya Sabha.
• Information and Broadcast Minster Ambika Soni not fought election but after becoming Information and Broadcast minister she do the formalities through Rajya Sabha and become member of the house.

Considering this, Right to Information activist Mr. Dev Ashish Bhattacharya file writ in the Supreme Court to bar leaders for becoming ministers or chief ministers or prime ministers if he/she are not member of the house under section 164(4), which soon be handed over to the bench in coming days. He request to Supreme Court that it should end section 164(4) or amended in such a way that no political party or politician misuse it.Only elected person should allow to become minister or chief minister or prime minister. If public have no faith on to any leader than why he/she becomes minister for at least six months period. So it will be interesting to note what Supreme Court has its opinion on misuse of section 164(4) which right now is common tool of political parties to misuse power or favour anybody.