If a candidate to membership of Legislative Assembly of an Indian state loses an election for it but their party comes with full majority in that state, is there a chance that they can acquire a position in the state government as a cabinet minister/state minister ?
The conditions to become a Minister in the Council of Minister of a State is that one:
- be a citizen of India and has appropriate age
- must not be disqualified under Constitution or an existing law from becoming a member of Legislature/ contesting elections. (E.g. Art 191 of Constitution, Schedule X of Constitution, The Representation of The People Act, 1951, a Supreme Court's judgement)
And of course, to become a Minister they must be recommended by the Chief Minister to Governor to be made so. That boils down to party politics.
Once a person becomes a minister and if they aren't already a member of that State's Legislature, they must become a member of Legislature of that State within six months, else, they stand disqualified at the expiration of said period. If there is a vacant post in Legislative Assembly they can file nomination and contest and possibly win from that seat. If the State has Legislative Council too they can get elected or nominated there and stand qualified to continue as Minister.
If however, they cannot get elected or nominated and six months pass, they automatically lose their Ministry and cannot be made a Minister again until elected.