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High Court takes up plea seeking increase in number of council of ministers in Delhi

Filed by one Aakash Goel, who runs a management simulations company, the PIL has alleged “discrimination” against GNCTD (Government of National Capital Territory of Delhi)

The court will hear the matter next on July 28

The Delhi High Court is due to consider a public interest litigation (PIL) seeking the court’s direction to declare that Article 239AA is against the basic structure of the Constitution, as it restricts number of the council of ministers in Delhi to just 10% of the total members of the Legislative Assembly, including the Chief Minister. The PIL was taken up on Wednesday by the bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela.

Filed by one Aakash Goel, who runs a management simulations company, the PIL has alleged “discrimination” against GNCTD (Government of National Capital Territory of Delhi), as it cannot increase the number of its ministers despite the it being a Union Territory with a Legislative Assembly, and having a significantly larger population compared to other states.

The PIL has challenged the constitutional validity of Section 2 (4) of the Constitution (Sixty-Ninth Amendment) Act, 1991 and Article 239AA, which restricts the Council of Ministers in Delhi to 10% of the total members of the Assembly.

“The discriminatory treatment of Delhi contradicts the federal principles enshrined in the Constitution. While other states enjoy a more adequately represented Council of Ministers, Delhi – despite having a Legislative Assembly and an elected government – has been denied equivalent executive capacity, thereby hampering its governance and autonomy,” it added.

Seeking an amendment to Article 239AA, the PIL has reasoned that the same is necessary to ensure that GNCTD is treated on par with other states in accordance with Article 164(1A), which mandates that the total number of ministers, including the CM, in all states should not exceed 15% of the total members of the respective Assembly.

CJ Upadhyaya orally remarked, “If the status of Delhi as a standalone state is upheld in comparison to other such states, then how can you compare Delhi with other states?… The way Delhi is governed under the constitutional scheme is different than the way other states are governed. Here, there is some kind of sharing of powers between the central government and the state government even on subjects which are otherwise exclusively on state list. It is not there with other states.”

The court will hear the matter next on July 28.

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