No breach of Constitution: SC dismisses plea challenging post of deputy chief ministers
The petitioner had argued that the basis of creating the designation was to appease a particular religion or a sect of society.
The appointment of deputy chief ministers in state governments is not unconstitutional, said the Supreme Court on Monday while dismissing a petition, reported Live Law.
The plea had contended that the post of deputy chief minister violated Article 14 of the Constitution, which ensures equality before the law.
“What is the basis for the appointment of deputy chief ministers,” the petitioner had asked. “The basis is only religion and some particular sect of society. There is no other basis for appointment to such a post. This is against Articles 14 and 15(1) (A).”
Clause 1 of Article 15 prohibits the government from discriminating against any citizen on the basis of religion, race, caste, sex or place of birth.
Under Article 163(1) of the Constitution, a state government includes a council of ministers with the chief minister as its head. Neither Article 163 nor Article 164, which pertains to provisions on state ministers, mentions the post of deputy chief minister.
A deputy chief minister has the same pay and perks as that of a cabinet minister in the state.
On Monday, a three-judge bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said that the post of deputy chief minister is just like any other ministerial post in a state.
“A deputy chief minister is first...