1. Challenge under Article 32 of the Constitution to the appointment of Deputy Chief Ministers in the States. (Para 1 )
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2024 Supreme(SC) 1280
SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI, J.B. PARDIWALA, MANOJ MISRA, JJ.
Public Political Party – Petitioner
Versus
Union of India – Respondent
Writ Petition (Civil) No. 90 of 2024
Decided On : 12-02-2024
Important Points
The title of Deputy Chief Minister does not violate constitutional provisions regarding ministerial appointments.
Subject
Constitutional Law - Public Administration
Act Referred
Headnote
(A) Constitution of India - Article 32 - Challenge to the appointment of Deputy Chief Ministers - The petitioner contends that the office of Deputy Chief Minister is not stipulated in the Constitution, asserting that a Deputy Chief Minister is essentially a Minister who must be a Member of the legislature within a stipulated period. The Court finds the challenge lacks substance and dismisses the petition. (Paras 1 and 2)
Legal Category Hierarchy
-
constitutional law
-
state executive
- appointment of ministers (Para 1)
-
state executive
Advocates:
Advocate Appeared:
For the Petitioners: Mohan Lal Sharma, Dinesh S. Badiar, Madhu Sudan Singh, Ravi Kumar Tomar
Advocate Appeared:
For the Petitioners: Mohan Lal Sharma, Dinesh S. Badiar, Madhu Sudan Singh, Ravi Kumar Tomar
Table of Contents
2. Submission that the office of Deputy Chief Minister is not stipulated in the Constitution. (Para 1 )
3. A Deputy Chief Minister is primarily a Minister, and the title does not violate the constitutional requirement for Ministers to be members of the legislature. (Para 1 )
4. The designation of Deputy Chief Minister is constitutionally permissible provided the appointee qualifies as a Minister by being a member of the legislature within the stipulated period. (Para 1 )
5. Petition dismissed. (Para 2 )
6. Does the appointment of a Deputy Chief Minister violate the Constitution if the office is not explicitly stipulated?
No, because a Deputy Chief Minister is primarily a Minister, and the title does not breach the constitutional requirement that a Minister must be a member of the legislature within a stipulated period. (Para 1 )
7. What is the constitutional status of a person appointed as a Deputy Chief Minister?
A Deputy Chief Minister is, first and foremost, a Minister in the Government of the State. (Para 1 )
ORDER :
1. The petitioner invokes the jurisdiction of this Court under Article 32 of the Constitution to challenge the appointment of the Deputy Chief Ministers in the States. His submission is that no such office is stipulated in the Constitution. A Deputy Chief Minister is, first and foremost, a Minister in the Government of the State. The appellation of a Deputy Chief Minister does not breach the constitutional position, namely, that a person who holds office of a Minister must, in any event, within a stipulated period, be the Member of the legislature in order to qualify for appointment as a Minister.
2. In that view of the matter, the challenge which is being addressed before this Court lacks in substance. The petition is accordingly dismissed.
3. Pending application, if any, stands disposed of.
