New Delhi: The Supreme Court on Monday rejected a PIL challenging the appointment of Deputy Cheif Minsters in states, mentioning that the designation does not breach the Constitutional provisions. A bench led by CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra acknowledged that the appointment of Deputy Cheif Minister has no bearing in the constitutional sense as the label does not provide any extra perks.
This decision by the Supreme Court came ahead of a PIL filed by a Delhi based Public Political Party, which stated that states are setting wrong example by appointing a deputy CM, and it was done without any foundation in the constitution. Their lawyer also argued that there is no such officer stipulated in the Constitution, and such appointments also breach the rule of equality in the council of ministers.
In response to the PIL, the court stated that the minister was a minister first and that the post of deputy chief minister was “only a label.”
The bench further said that, “the post of deputy chief minister may not be defined under the Constitution, but there is no illegality in appointing senior leaders of the ruling party or a coalition of parties as deputy chief ministers.”
“The appointment of deputy chief ministers is a practice followed in some states to give a little more importance to senior leaders in the party or coalition of parties in power…it’s not unconstitutional,” the apex court added.
In India, the position of Deputy Chief Minister (DCM) is not guaranteed under the constitution. As an executive officer of the state government, the DCM often holds the second-highest position within the state’s council of ministers. In the state government, the DCM is second in command behind the Chief Minister and is comparable to a Cabinet minister.
In addition to holding a cabinet portfolio in the state ministry, the DCM is appointed by the governor. Within the party or coalition, the DCM’s office is subsequently utilized to appease coalition groups.
(With inputs from agencies)
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