The Supreme Court seeks the cancellation of ‘Deputy Chief Ministers’ portfolios across states. The petition challenges the constitutional validity of such appointments, arguing that they lack specific provisions in the Indian Constitution.
Delhi: The Supreme Court will review a Public Interest Litigation (PIL) challenging the appointment of Deputy Chief Ministers in State Governments across India. Advocate Mohan Lal Sharma arguing that such appointments lack constitutional validity. The PIL questions the absence of specific provisions for Deputy Chief Ministers in the Indian Constitution, emphasizing that Article 164 of Constitution only mentions the appointment of Chief Ministers.
Article 164, Constitution of India 1950
(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor:
Provided that in the States of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work.
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.
(3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule.
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister.
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.
The PIL suggests that appointing Deputy Chief Ministers does not enhance the welfare of the states’ citizens and may create confusion among the public. According to the petitioner, Deputy Chief Ministers function similarly to Cabinet Ministers and lack the authority to make independent decisions like Chief Ministers.
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The plea urges the Union Government to address these “unconstitutional” appointments through the Governors of each state, who administer the oath of office to Deputy Chief Ministers.
The PIL drawn by advocate Mohan Lal Sharma said that
“The Appointment of Deputy Chief Ministers has nothing to do with the citizens/public of the States, nor, any extra welfare is extended to the public of the States, if alleged Deputy Chief Ministers are appointed,” said the PIL drawn by advocate Mohan Lal Sharma.
Chief Justice of India D.Y. Chandrachud will lead the bench in the preliminary review scheduled for February 12.
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