Photo for representation. File photo
New Delhi, February 12
The Supreme Court on Monday dismissed a PIL challenging the appointment of deputy chief ministers in states, saying it lacked substance.
It (Deputy CM) was only an appellation which did not breach any constitutional provision, a three-judge Bench led by CJI DY Chandrachud said, dismissing the PIL filed by the Public Political Party.
No breach of Constitution
A Deputy CM is first and foremost a minister in the government of a state… Such appointments do not breach the Constitution. —Bench
“A Deputy CM is first and foremost a minister in the government of a state. A person who holds the office of the Deputy CM must at any event, within a stipulated period, be an MLA. Such appointments do not breach the Constitution… The designation of Deputy CM does not breach the constitutional position,” said the Bench – which also included Justice JB Pardiwala and Justice Manoj Misra.
“The challenge which is addressed before this court lacks substance and the petition is accordingly dismissed,” the top court said.
The Bench noted that those appointed as deputy chief ministers did not draw a higher salary and were like any other minister in the state government. They might just be senior to other ministers, it added.
Highlighting that no such position existed in the Constitution, the petitioner contended that the appointment was motivated by religion and sectarian considerations.
Such appointments went against Article 14 and Article 15 of the Constitution, which guaranteed right to equality and mandated the state not to discriminate against citizens on grounds of religion, race, caste, sex or place of birth.
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