Appointment Of Deputy Chief Ministers Not Unconstitutional : Supreme Court

The bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra refused to entertain the petition considering it to be misconceived.

The petitioner, 'Public Political Party' had sought a mandamus from the Court to stop the "unconstitutional appointment" of Deputy Chief Ministers in various states.

The CJI expressed that even a Deputy Chief Minister, was a minister first and that the post of a 'Deputy Chief Minister' was “only a label”. He further explained that the appointment of a deputy Chief Minister has no bearing in the constitutional sense, the label does not provide any extra perks such as a higher salary.

The advocate for the petitioner contended that the exercise of appointing a deputy chief minister was violative of Article 14. He stressed, “ They are by doing so, setting a wrong example for the other authorities also … what is the basis of appointing a deputy CM, it is only religion and being from a particular sect of the society, there is no other basis. This is against Articles 14 and 51A of the Constitution”

The Court, not seemingly inclined to entertain the matter, dismissed the same. The Court observed in the order :  “ The submission is that there is no such office stipulated in the Constitution. A Deputy Chief Minister is first and foremost a minister in the government of the states. The appellation of a Deputy CM does not breach the constitutional position.”

Case Details: PUBLIC POLITICAL PARTY vs. UNION OF INDIA W.P.(C) No. 000090 - / 2024