Supreme Court on appointment of Deputy Chief Ministers

Context- Recently, the Supreme Court dismissed a petition challenging the appointment of Deputy Chief Ministers in States on the ground that no such position exists in the Constitution.

The post of Deputy CM

• • Article 163(1) of the Constitution says “there shall be a Council of Ministers with the Chief Minister at the top to useful resource and propose the Governor in the exercising of his functions”
  • Neither Article 163 nor Article 164 mentions a Deputy Chief Minister.
  • The post of Deputy CM is known as being equivalent in rank to that of Cabinet Minister (in the nation).
  • The Deputy CM enjoys the same pay and perks as a Cabinet Minister.
  • Brief records: Perhaps the primary Deputy CM in India was Anugrah Narayan Sinha
    • Deputy CMs had been seen in more states, particularly after the discount of the Congress’s near-total dominance on nation wide politics after 1967.

• Powers and Responsibilities

• • • Rank and Pay: Deputy CMs keep a rank equivalent to cabinet ministers, receiving similar pays and perks.
    • Portfolio Allocation: They are entrusted with portfolios, despite the fact that they are typically smaller in scale compared to the Chief Minister.
    • Financial Powers: Deputy CMs hold no particular financial authority, requiring approval from the Chief Minister for prices exceeding allocated budgets.
    • Administrative Role: They facilitate governance and administration, performing as a bridge between the ruling party and its allies.

• Significance of Deputy CMs

• • Political Stability: Deputy CMs contribute to coalition government balance through bridging gaps between ruling parties and allies, reducing incidents of anti-defection.
  • Representation and Trust: Their presence guarantees better illustration of communities, fostering public trust in governance.
  • Succession and Accountability: Deputy CMs serve as capability successors to the Chief Minister, promoting transparency and accountability in government.

Supreme Court’s Observations

• It observed no harm in the appointment of Deputy Chief Ministers, reasoning that they have been in spite of everything Members of Legislative Assemblies (MLAs) of the States and Ministers of State governments.
• Deputy Chief Ministers are first and important Ministers in the government of the State.
• A person who holds the office of the Deputy Chief Minister must at any event, within a stipulated period, be an MLA.
• These individuals appointed did not draw a higher earnings and were like some other Ministers in the government, and may just be more senior than the others.

Petition 

• The appointments of Deputy Chief Ministers were motivated with the aid of religion and sectarian issues.
• Such appointments were against Article 14 (proper to equality) and the tenet of Article 15 which holds that the State ought no longer to discriminate on the grounds of religion, race, caste, sex or place of birth.
• However, the courtroom disregarded the petition, saying it lacked substance.

Source: The Hindu

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