The draft provides that:-
“A Minister who, for any period of six consecutive months, is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.”
This provision appears that is does not fit with the spirit of democracy. This is a provision which was also provided in the Government of India Act of 1935 and of course those days were the days of Imperialism and fortunately those days have gone. This was then provided because if Governor finds his choice in someone to appoint a Minister and fortunately or unfortunately if that man is not elected by the people of the country, then that man used to be appointed as Minister through the backdoor as has been provided in the Constitution and in 1935 Act. But now the people of the State will elect members of the Legislative Assembly and certainly we should think they will send the best men of the States to be their representative in the Council of Legislative Assembly or the Council, then Sir, why that man is to be appointed as the Minister. I have greater respect to the voice of the people of the State, and in order to maintain that I will submit that this provision should not remain in the Constitution and the Minister should be from among those members of the Assembly who have been elected by the People of the States as they are the true representatives of the States sent by the people of the States. I hope that this Amendment will receive due consideration by the honourable Members and will be accepted by the House.