Smriti Irani and Arun Jaitley both lost the elections in the recent Lok Sabha elections in India, so how can they become cabinet ministers if they didn't even win the election? Mustn't one be a member of Parliament first to become a cabinet minister? Is there any special provision for becoming a cabinet minister without winning the election?
Under the Constitution of India, Part V.—The Union.—Arts. 75—76., the President on the advice of the Prime Minister appoints cabinet Ministers.
(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
Yes, you must normally be a member of Parliment to continue to serve as a cabinet minister, but that doesn't prevent you from being appointed in the first place.
(5) A Minister who for any period of six consecutive months is not a member of either House of Parliament shall at the expiration of that period cease to be a Minister.
India has two houses in parliament - the Lower House (Lok Sabha, for which the elections were held) and the Upper house(Rajya Sabha, where people are nominated from their respective parties).
The Constitution of India dictates the following regarding a Minister: " A minister should be (a) a Member of Parliament (b) should become an MP in 6 months"
So, going by the definition and its loophole, a Minister need not be an MP directly elected to the Lok Sabha. (Looking at you, Mr Manmohan Singh!) Rather, he/she may come from the Rajya Sabha too. So that's how Smriti Irani, Ms Heptullah are going to be Ministers.
By the point (b) in the definition above, a Minister should strive hard to become an MP in 6 months. Scenario: When Modi resigns from one of his seats, Arun Jaitley can contest there if he wishes and become an MP from there (he's already an MP in RS though, so that probably won't be necessary)
The President may appoint any chief member of the Council of Ministers, these being the prime minister and the cabinet members, if they are not members of Parliament for a duration of six months. After that time, the minister must secure his position through election. During this time, the cabinet members will not be able to vote in Parliament.
It is uncommon in India to do this, but may be done (by custom) if no party has secure control over the Parliament and the politicians appointed to the positions of cabinet are believed to be excellent candidates that may have only recently fallen out of favor with the electorate for a short time.
As per constitution any one can be appointed as a minister (even Prime minister) by the president. He/she enjoy all benefits of being a minister.
But, within 6 months from the date of appointment they need to be elected as member of parliament. They can either contest election and become a member of Lok Sabha or they can be nominated as a member of Rajya Sabha.
Ex-prime minister Manmohan Singh is a nominated member of Rajya Sabha from Assam constituency and not an elected member of Lok Sabha.
This provision also applies for state governments of India.
The last terms cabinet ministers as in , the previous five years cabinet ministers continue their position because such ministers stay as long as the president likes....they do not have any term of office. Remember their term of office is not 5 years just as is an MLAs . So even if the next batch of lok sabha have come in, the cabinet ministers wont change even if they lose elections . If they lose elections, in such a case, the president has to approve these ministers into the lok sabha within 6 months.
Usually , the Prime Minister c , through the President , changes the cabinet ministers.
This was the question that struck my mind when last year Lok sabha election results came out.Arun jaitely , head of finance and smriti irani head of education in india plays vital role in shaping future of India.Now the question is if already people have rejected both of them in Lok sabha elections yet these two are making laws for the people.Isn't this wrong. Well I thought about it and found out tha logically its correct.In political system there are so many hidden facts , people see what is at surface.I would say that when smriti irani was fighting election for representation , it was not that she didn't got any votes.She got votes less than what rahul gandhi got.She was still supported by people but with lesser votes.The fact that she is able to make laws for education system whereas rahul gandhi cannot is due to the political system that our country has adopted.We are governed by majority party.Now members of majority party decides whom they want to elect as thier leader, which will be Prime minister.Then PM will advice president what what all ministers he wants to be in cabinet.PM and cabinet ministers need not be elected members of lok sabha.Now the question remains that if we the people have not elected them how can they make laws for us.This is where the fault lies.when a rajya sabha member becomes a cabinet minister, he may not be elected by people directly but indirectly by people themselves.We vote in sate assembly election.When we do so we have faith in our representatives.They then elect rajya sabha members.Hence indirectly we have elected cabinet ministers. One important aspect is that each law (not money bill) are made by voting of members of both houses.Cabinet ministers head each departement.They frame laws.In discussion if MP find that there needs changes ,draft bill is reconsidered.cabinet ministers are just initiators ,bill wont get passed unless it gets majority in voting.also, cabinets ministers are executive head of thiers departement .hence thier role also lies in implementing of new laws.Hence I find that it is more important that who gets elected in state assembly and loksabha, they are the one whom we can choose directly.In turn they ten choose PM,President,vice president,governers and so on.So people vote and vote for better future of our country.
In India we are limited in terms of involvement in politics.We cry when prices rises.Gets angry when corruption comes in news.I believe thats because we are aware whats happening but cannot correct it.Only chance we have got to correct is in elections.But truly that time also we just vote first by seeing what party we are voting for which is based on caste and religion.Then again as last year election people took revenge on congress because of so much corruption involved.Voting should be based on records of the person whom you elect as representative, at state , village, city or national level.