TAG: GS 2: POLITY
THE CONTEXT: The Supreme Court of India, in a recent decision, dismissed a petition challenging the appointment of Deputy Chief Ministers in states.
EXPLANATION:
- The three-judge Bench, led by Chief Justice of India, provided a comprehensive rationale for their decision, emphasizing the constitutionality of such appointments.
Constitutionality of Deputy Chief Ministers
- Chief Justice opined that the appointment of Deputy Chief Ministers does not violate the Constitution.
- He argued that these officials are fundamentally Members of Legislative Assemblies (MLAs) and hold ministerial positions in state governments.
- The nomenclature, according to the Chief Justice, is secondary to their roles and responsibilities.
- The Chief Justice highlighted that Deputy Chief Ministers are essentially ministers in the state government.
- He emphasized that, within a specified period, a person holding the position of Deputy Chief Minister must also be an MLA.
- This requirement, he noted, ensures that the appointments align with constitutional provisions.
Equality and Discrimination Concerns
- Despite the dismissal of the petition, the petitioner, Public Political Party, contended that the appointments of Deputy Chief Ministers were influenced by religious and sectarian considerations.
- The argument posited that such appointments contravene Article 14 (right to equality) and the principles outlined in Article 15, which prohibit discrimination based on religion, race, caste, sex, or place of birth.
Court’s Response to Discrimination Allegations
- Chief Justice, in his observations, dismissed the petitioner’s claims of religious and sectarian motivations behind Deputy Chief Minister appointments.
- The court asserted that the appointments did not violate the right to equality and non-discrimination principles enshrined in the Constitution.
Equality in Salary and Status
- Addressing concerns about preferential treatment, the Chief Justice highlighted that Deputy Chief Ministers do not receive a higher salary compared to other ministers.
- He emphasized that their status is akin to any other minister in the state government, possibly with additional seniority but without any constitutional breach.
- Ultimately, the Supreme Court found the petition lacking in substance and dismissed it.
- The decision reinforces the constitutionality of appointing Deputy Chief Ministers, emphasizing their role as legislators and state government ministers.
- The court’s rejection of discrimination claims underscores the need for concrete evidence to challenge such appointments on constitutional grounds.
Deputy Chief Minister
- The post of Deputy Chief Minister in India is not a constitutional one, but a political arrangement to appease allies or factions within a party.
- The Deputy CM is equivalent to a Cabinet Minister in terms of rank and perks but does not have any specific financial or administrative powers.
- The Deputy CM has to report to the Chief Minister and seek his or her approval for any decision related to his or her portfolio.
- The Deputy CM does not have access to the files or matters that are meant for the Chief Minister.
- The appointment and removal of a deputy chief minister is entirely at the discretion of the chief minister.
- The chief minister may appoint more than one deputy chief minister, as is the case in some states like Uttar Pradesh.
- The chief minister may also reshuffle or drop a deputy chief minister at any time, as per their political calculations.