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 ?

2 Answers 2


YES why not.

Any person can be a Minister / even CM if the party having majority seats support him.

But only one condition is there, that The person should participate in an election and won within 6 months after the election.

  • 1
    I am not familiar with India's electoral system at all. Are you saying they can run for election after taking office? How does this work? Mar 13, 2017 at 15:44
  • Yes. They can be a minister even if they failed in election. But they should won an election within 6 months. But in central, it doesn't required.
    – i--
    Mar 13, 2017 at 15:48
  • How do they become a minister if they didn't win their election? What's the process like? Mar 13, 2017 at 16:05
  • 1
    The full process is, candidate participate in election. A party or a front get enough seat to form a government. So, the party choose ministers including CM. They took charge as minister and then, they should won an election within 6 months. For this, any of the elected candidate of that party will resign and so, a re election would be conducted. This minister will participate on it.
    – i--
    Mar 13, 2017 at 16:08
  • When Tamilnadu CM Jayalalita lost her CM as well as MLA due to case, another person O Paneerselvam become CM for a while. After the case, Jayalalita became CM again but she is not an elected MLA. so, an MLA of the same party from RK Nagar resigned and Jayalalita elected as an MLA from there after re election.
    – i--
    Mar 13, 2017 at 16:10

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.

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