Is it possible to become Chief Minister of multiple states? This question has gained considerable attention in recent times due to the emergence of certain political scenarios. While some believe it's possible using a loophole in the Representation of People's Act (ROPA) 1951, others argue that it's not constitutionally feasible. Let's delve into the legal aspects and explore the possibilities.

Introduction to the Possibility

The recent celebration for Yogi Adityanath’s continued leadership in both Uttar Pradesh (UP) and Uttarakhand has sparked debates about the feasibility of holding such concurrent positions. Yogi Adityanath, a BJP leader, is seen as a united force for both states, ensuring balance between law and order and promoting progress. The question, however, remains: Is it legally permissible to serve as the Chief Minister of multiple states simultaneously?

Using Loopholes in the Representation of People's Act (ROPA) 1951

While it's theoretically possible for a person to hold the position of Chief Minister in multiple states, this can only be achieved by exploiting certain loopholes in the governing laws. The following scenario illustrates how this might work:

Scenario: A person resides in Uttar Pradesh but is a registered voter in Jharkhand. Step 1: This individual participates in Jharkhand's legislative elections, wins, and is subsequently appointed as the Chief Minister of Jharkhand by the Governor. Step 2: The following day, the Governor of Uttar Pradesh nominates the individual to the legislative council of Uttar Pradesh, without requiring them to be a resident of the state. Step 3: The individual is then appointed as the Chief Minister of Uttar Pradesh.

This sequence of events highlights the potential loophole but raises constitutional concerns.

Constitutional Constraints

The Indian Constitution, particularly Article 190, explicitly prohibits a person from being a member of the state legislature of two or more states. This article is designed to ensure that individuals serve only in one state legislature to maintain integrity and representation.

Examining the provisions of the Representation of Peoples Act (ROPA) 1951 provides further insight:

Section 5c: A member of the legislative assembly or council must be an elector in any of the constituencies of that state. This means that a person cannot be a voter in two or more states. Section 5: A person cannot be a voter in two or more states.

Reading these sections together, it can be deduced that a person cannot be a member of the legislative council in two different states. Consequently, the conclusion is that no person can serve as the Chief Minister of two or more states.

Conclusion and Legal Foresight

In the absence of a constitutional amendment, the scenario described above cannot be legally sustained. The current legal framework does not permit a person to hold the position of Chief Minister in multiple states. Therefore, any individual aspiring to serve as Chief Minister needs to be prepared for the fact that constitutional support is crucial, and without it, they may have to wait for legal reforms.

However, the scenario presents an interesting discussion on the gaps in the existing laws. If the government decides to address these gaps through amendments, the possibility could become a reality. For now, the constitutional laws stand as a barrier to simultaneous Chief Ministerial roles in multiple states.