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Does a minister still continue as an MLA in local constituency?


12-Dec-2025 (In Civil Law)
When a local MLA is promoted by Chief Minister to be a cabinet minister of State government, does the local MLA forego his status and vote as MLA of local constituency in State parliament
Answers (5)

Answer #1
519 votes
When a sitting MLA is inducted into the Council of Ministers by the Chief Minister, the MLA does not, by that fact alone, surrender or lose his seat in the Legislative Assembly. The Constitution specifically envisages that ministers are drawn from, and continue to be, members of the State Legislature, and it also clarifies that the office of minister is not treated as an additional “office of profit” that would automatically disqualify an MLA. Accordingly, unless the member resigns, is disqualified on some independent ground (such as defection or other constitutional disqualification), or his seat otherwise falls vacant, he continues to represent his original constituency as MLA while simultaneously discharging his functions as a cabinet minister.
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Answer #2
757 votes
When an MLA is appointed as a Cabinet Minister in the State Government, he does not lose his status as an MLA. He continues to be the elected representative of his constituency unless he resigns or is disqualified under the law. A Minister is always chosen from among: sitting MLAs, or a person who must become an MLA within 6 months (as per Article 164(4) of the Constitution). Therefore, the MLA continues to: hold his seat in the Legislative Assembly, represent and vote for his constituency, and function as a Minister simultaneously. This is the normal constitutional position across all States in India. Only if he voluntarily resigns as MLA, is disqualified, or fails to get elected within 6 months (if he was not an MLA at the time of appointment), will he cease to hold the MLA seat. So, becoming a Cabinet Minister does not take away his MLA status or voting rights in the State Legislative Assembly.
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Advocate Yuganshu Sharma

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Answer #3
766 votes
Even if the local MLA is promoted to be the cabinet minister the person can vote. and state does not have parliament
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Answer #4
804 votes
When an MLA is inducted as a Cabinet Minister in the State Government, he does not lose his membership or voting rights as an MLA. .Thus, becoming a Cabinet Minister does not make him forego his status or voting rights as MLA. He continues to represent his constituency fully while also functioning as part of the State executive.
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Advocate Madhvi Chopra

Adv. Madhvi Chopra

LawRatoDelhi | 50+ Answers
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Answer #5
569 votes
No. An MLA appointed as a State Cabinet Minister continues to remain an elected MLA of the constituency. He retains his seat, voting rights, and legislative functions in the Assembly, unless he resigns or is disqualified under law.
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Advocate Keshav Agarwal

Adv. Keshav Agarwal

LawRatoDelhi | 25+ Answers
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