Appointing Deputy CMs In States Unconstitutional? Know What SC Says

New Delhi: The Supreme Court on Monday dismissed a Public Interest Litigation (PIL) challenging the practice of appointing deputy chief ministers in States, by stating that the designation of deputy CM does not breach any provision of the Constitution.

“Even if you call someone a deputy CM, it is still a reference to a minister,” said Chief Justice DY Chandrachud, to which the advocate of petitioner replied, “By doing so they are setting a wrong example, what is the basis of appointing a deputy CM? violative of Article 14.”

“His submission is that there is no such officer stipulated in the constitution. A deputy CM is first and foremost a minister in the govt of the state...this doesn't breach the constitution,” the CJI answered.

The PIL was filed in the Supreme Court against the appointment of Deputy Chief Ministers in various state governments, stating that Deputy Chief Ministers have been appointed by the concerned state governments despite there being no provision for such appointments under the Constitution of India.

It argued that Article 164 of the Constitution provides for the appointment of only Chief Ministers. "The Appointment of Deputy Chief Ministers has nothing to do with the citizens/public of the States, nor, any extra welfare is extended to the public of the States, if alleged Deputy Chief Ministers are appointed," said the PIL.

The PIL further added that appointment of Deputy CMs causes confusion to the public at large and is setting up wrong and illegal examples by political parties by creating imaginary portfolios as Deputy Chief Ministers cannot take any independent decision of Chief Ministers, though they are projected and shown as equal to Chief Ministers. 

In several states, including Rajasthan, Bihar, Karnataka, Maharashtra and Uttar Pradesh, among others, are having deputy Chief Ministers in their state cabinet.