The Supreme Court declined to entertain a plea challenging the Karnataka government’s decision granting cabinet rank to 42 MLAs and MLCs appointed as heads of boards and corporations, while directing the petitioner to pursue a review petition before the High Court instead of approaching the apex court.
The Supreme Court declined to consider a plea challenging the Karnataka government’s decision to confer cabinet rank on 42 legislators including MLAs and MLCs who were appointed as heads of various boards and corporations. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked the petitioner to instead file a review petition before the High Court.
The bench said,
“We dispose of this petition with the liberty to the petitioner to file a review petition before the high court,”
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Senior advocate K. Parameshwar, appearing for the petitioner, argued that the issue was not addressed by the High Court with the seriousness it warranted. He submitted that the department does not have independent funds and that it functions through the consolidated fund of India.
The matter arose from an appeal filed by Suri Payala, who is associated with the Karnataka State Pollution Control Board, against the March 4 order of the Karnataka High Court that dismissed his petition.
The High Court had observed,
“We also find merit in the contention that the present petition is not entirely in public interest, but is also occasioned by the petitioner’s aspirations for certain posts. It is settled that the petitioner, who seeks to file a public interest litigation, is bound to disclose his possible interest in the litigation. In this case, the petitioner has failed to make the full disclosure as required,”
In his plea, the petitioner contended that assigning cabinet status to these legislators would bring financial advantages such as increased salaries, official vehicles, drivers, fuel allowances, House Rent Allowance (HRA), and medical reimbursement. The petition argued that this amounts to holding an “office of profit” and violates Article 191 of the Constitution, which bars legislators from holding such positions.
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While the petitioner stated that appointing MLAs and MLCs as chairpersons of various boards and corporations would not have been objectionable, he argued that granting cabinet rank to them violates Article 164(1A) of the Constitution, which restricts the size of the council of ministers to prevent unnecessary expansion of government.
The plea also noted that on January 26, 2025, the state government issued an order granting cabinet rank to 34 legislators, in addition to eight who had already been given that status. This, according to the petitioner, raised concerns about a single notification placing such a large number of legislators in cabinet-level roles.
The challenge was made on the ground that the cabinet rank appointments contravene Articles 102, 191, and 164 of the Constitution, the Karnataka Legislature (Prevention of Disqualification) Act, 1956, and Section 10 of the Representation of the People Act, 1951. The petition warned that permitting such appointments would create a harmful precedent, encouraging legislators to seek additional offices and benefits, thereby weakening legislative integrity. It further claimed that conferring cabinet rank on a select group of legislators is arbitrary, violates principles of natural justice, and undermines public confidence.
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