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Is the Chief Minister a Member of the State Legislature?

According to the Constitution of India, the Chief Minister may be a member of any of the two houses of a state legislature. Usually, chief ministers have been selected from the lower house (legislative assembly), but, on a number of occasions, a member of the upper house (legislative council) has also been appointed as Chief Minister. 

For example, C Rajagopalachari in Madras (now Tamil Nadu) in 1952, Morarji Desai in Bombay (now Maharashtra) in 1952, CB Gupta in Uttar Pradesh in 1960 and BP Mandal in Bihar in 1968 were appointed as Chief Ministers, while they were members of the state legislative council. 

A person who is not a member of the state legislature can be appointed as Chief Minister for six months, within which time, he should be elected to the state legislature, failing which he ceases to be the Chief Minister. 

For example, Bansilal and S B Chavan were appointed as Chief Ministers of Haryana and Maharashtra respectively, even though they were not members of the state legislature. Subsequently, they were elected to the state legislature. 

Further Reading:

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