Can we have a Deputy CM?

Supreme Court recently ruled that the post of Deputy CM is not unconstitutional

Few days back the Supreme Court (SC) dismissed a Public Interest Litigation (PIL) challenging the appointment of Deputy Chief Ministers in various states as being violative of Article 14. The blog provides a quick summary of the SC’s ruling.

A PIL was filed in the SC by Public Political Party arguing that the post of Deputy CM in states is unconstitutional since the Constitution does not provide for such a post. Note that several states have Deputy CMs such as Haryana (Dushyant Chautala), Bihar (Samrat Chaudhary). The Court rejected this PIL; here’s what the Court said

Elected Member

The Court’s rationale was that the label of Deputy CM does not make a difference as the person is an elected member (MLA) of the state assembly. They don’t draw higher salaries and are like any other member, maybe they are treated a little more senior than others.

Part of Council of Ministers

Further, the court noted that the Deputy CM is part of state cabinet (Council of Ministers) for which the Constitution has provisions.

“A deputy chief minister is first and foremost a minister in the government in the states. The appellation of a deputy chief minister does not breach the constitutional position, namely that a person who holds the office of the minister must in any event before a stipulated period be a member of the legislature in order to qualify for appointment as a minister…The challenge lacks substance. Accordingly dismissed”. - Supreme Court

163. Council of Ministers to aid and advise Governor. (1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.