• UGI USER
  • Feb 14, 2024
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APPOINTING DEPUTY CMS NOT A BREACH OF CONSTITUTION: SC

Why in the news?

The Supreme Court dismissed a petition challenging the appointment of Deputy Chief Ministers in States, citing that no such position is outlined in the Constitution.

source:indiatoday

About Supreme Court Decision:

Dismissed a petition challenging Deputy Chief Ministers’ appointments in States, citing lack of existence in the Constitution.

  • Judicial Reasoning: Chief Justice D.Y. Chandrachud found no issue with Deputy Chief Ministers being Members of Legislative Assemblies (MLAs) and State government Ministers, despite nomenclature.
  • Legal Rationale:Chandrachud stated that Deputy Chief Ministers are essentially State Ministers and require MLA status, which doesn’t violate the Constitution.
  • Equality Concerns: Petitioner argued appointments were driven by religious and sectarian factors, violating Articles 14 and 15 of the Constitution.
  • Court Response: Dismissed the petition, deeming it lacking in substance.
  • Role Clarification: Chandrachud emphasized that Deputy Chief Ministers function like other Ministers, possibly with seniority, but without higher salaries.
Structure of the Post of Deputy CM

●    Constitutional Status: Deputy CM is a political post, not a constitutional one like the Vice President of India.

●    Origin: Originated from the post of Deputy Prime Minister in 1947, with SardarVallabhai Patel being the first Deputy PM.

●    Appointment and Removal: At the discretion of the Chief Minister, who can appoint multiple Deputy CMs.

●    Tenure: No fixed tenure; Chief Minister can reshuffle portfolios or remove Deputy CMs anytime.

●    Current Status: As of July 2023, 12 states in India have Deputy CMs.

●    Financial Powers: No specific financial authority; requires CM’s approval for expenditure beyond allocated budget