APPOINTING DEPUTY CMS NOT A BREACH OF CONSTITUTION: SC

Subject: Polity

Section: Executive

Context:

The Supreme Court dismissed a petition challenging the appointment of Deputy Chief Ministers in States, citing that no such position is outlined in the Constitution.

About Supreme Court Decision:

Dismissed a petition challenging Deputy Chief Ministers’ appointments in States, citing lack of existence in the Constitution.
Judicial Reasoning: Chief Justice D.Y. Chandrachud found no issue with Deputy Chief Ministers being Members of Legislative Assemblies (MLAs) and State government Ministers, despite nomenclature.
Legal Rationale: Chandrachud stated that Deputy Chief Ministers are essentially State Ministers and require MLA status, which doesn’t violate the Constitution.
Equality Concerns: Petitioner argued appointments were driven by religious and sectarian factors, violating Articles 14 and 15 of the Constitution.
Court Response: Dismissed the petition, deeming it lacking in substance.
Role Clarification: Chandrachud emphasized that Deputy Chief Ministers function like other Ministers, possibly with seniority, but without higher salaries.

Structure of the Post of Deputy CM

Constitutional Status: Deputy CM is a political post, not a constitutional one like the Vice President of India.

Origin: Originated from the post of Deputy Prime Minister in 1947, with Sardar Vallabhai Patel being the first Deputy PM.

Appointment and Removal: At the discretion of the Chief Minister, who can appoint multiple Deputy CMs.

Tenure: No fixed tenure; Chief Minister can reshuffle portfolios or remove Deputy CMs anytime.

Current Status: As of July 2023, 12 states in India have Deputy CMs.

Financial Powers: No specific financial authority; requires CM’s approval for expenditure beyond allocated budget.