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

• The petition: The appointments of Deputy Chief Ministers violate Article 14 (right to equality) and Article 15 (Right against discrimination on the grounds of religion, race, caste, sex or place of birth) as it is motivated by religion and sectarian considerations.
• Supreme court: A three-judge Bench dismissed the petition and reasoned that a Deputy Chief Minister irrespective of the designation is ultimately a Member of Legislative Assemblies (MLAs) and a foremost Minister in the government.
  • The designation itself does not entitle a person to a higher salary or any other extra-governmental perk, therefore the designation does not breach the Constitution.

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.

• • 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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