Supreme Court dismisses PIL against appointment of Deputy CMs

Tribune News Service

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.

“A Deputy Chief Minister is first and foremost a minister in the government of a state. A person who holds the office of the Deputy Chief Minister must at any event, within a stipulated period, be an MLA. Such appointments do not breach the Constitution… The designation of Deputy Chief Minister 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 exists in the Constitution, the petitioner contended that the appointment of Deputy Chief Ministers 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 the grounds of religion, race, caste, sex or place of birth.

The petitioner’s counsel submitted that the appointment of Deputy Chief Ministers set a wrong precedent for other authorities in the government.

“The basis for their appointment is solely religion and a particular sect of society. There is no other criterion for such appointments,” the counsel stated, contending that it violated Article 14 of the Constitution. 

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