Appointment Of Deputy Chief Minister Not Unconstitutional: Supreme Court

Context: 

The Supreme Court dismissed a petition challenging the appointment of Deputy Chief Ministers in the States.

Appointment Of Deputy Chief Minister Not Unconstitutional: SC

Deputy Chief Minister

  • No Constitutional Basis: Article 164 (1): The Chief Minister shall be appointed by the Governor and the Governor shall appoint the other Ministers on the advice of the Chief Minister. Therefore there is no mention of a Deputy Chief Minister.
Deputy PM

  • The post of  Deputy Prime Minister was first held by Sardar Vallabhbhai Patel in the government of Jawaharlal Nehru. 
  • Notable bearers: Morarji Desai, Charan Singh, Chaudhary Devi Lal, and Lal Krishna Advani.
  • K M Sharma vs Devi Lal and Ors (1990): The Supreme Court upheld Devi Lal’s appointment as a Deputy PM in VP Singh’s government in 1989. 
    • The court said that the designation per se  does not confer any powers of the Prime Minister to a deputy Prime Minister and they are just a Minister like other members of the Council of Ministers.
    • The post of Deputy CM is understood as being equivalent in rank to that of Cabinet Minister (in the state). The Deputy CM enjoys the same pay and perks as a Cabinet Minister.
  • No legal basis either: The post is a form of a political compromise that often follows the formation of a coalition government. It is a political barter of power in exchange for loyalty across all the key interest groups in the state.
  • Present status: At present there are 26 deputy CMs across 14 states with Andhra Pradesh having 5 Deputy CMs 

News Source: The Hindu

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