Which one of the following statements correctly describes the status of an MLA who is appointed as a Minister?

Correct Option

The correct option is

They simultaneously serve as legislator and executive authority.

Explanation

India follows a Parliamentary form of government at both the Union and State levels. A defining characteristic of this system is the fusion of the legislative and executive branches, wherein the Council of Ministers is drawn from the members of the Legislature.

Option Analysis

• They must resign as an MLA to become a Minister is Incorrect: An MLA is not required to resign from the Legislative Assembly to become a Minister. On the contrary, constitutional provisions (Article 164) mandate that a Minister must be a member of the State Legislature. If a non-member is appointed, they must become a member within six months.
• They act as a Minister in the Assembly and an MLA in the Secretariat is Incorrect: This statement creates an arbitrary and incorrect distinction. A Minister functions as an executive authority (Head of Department) in the Secretariat and represents the Government while also acting as a legislator in the Assembly.
• They simultaneously serve as legislator and executive authority. is Correct: Upon appointment, an MLA assumes a dual role. They continue to serve as a legislator (participating in debates, voting on bills, and representing their constituency) and simultaneously act as an executive authority (formulating policy and running administrative departments).
• They lose their voting rights in the Legislative Assembly is Incorrect: An MLA appointed as a Minister retains full voting rights in the Legislative Assembly. A Minister loses voting rights in a House only if they are a member of the other House (e.g., a member of the Legislative Council can speak in the Assembly but cannot vote there). Since the person is an MLA, they vote in the Assembly.

Key Takeaway: In the Indian Parliamentary system, the Executive is a subset of the Legislature. Ministers simultaneously hold legislative seats and executive portfolios, unlike the Presidential system where strict separation of personnel exists.