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The Supreme Court on Monday turned down a petition challenging the appointment of deputy chief ministers in state governments as unconstitutional, saying a deputy CM is like any other minister.
While hearing the plea, Chief Justice of India D Y Chandrachud said, “It’s only a label. Even if they are designated as deputy CMs, they are only an MLA”. “They don’t draw higher salaries. They are like any other member, maybe they are treated a little more senior than others…” the CJI, who was presiding over a three-judge bench, remarked.
The petitioner said before the bench, also comprising Justices J B Pardiwala and Manoj Misra, that the question is not about salary. “By doing so they are setting the wrong example for other government authorities too,” the petitioner said.
“What is the basis for the appointment of deputy chief ministers? 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),” the petitioner contended.
However, the bench went on to dismiss the plea and said in its order, “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”.
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