Appointing Deputy CMs not a breach of Constitution: SC

CategoryPolity

Last Updated14/02/2024

The Supreme Court dismissed a petition challenging the appointment of Deputy Chief Ministers in States on the ground that no such position exists in the Constitution.

A three-judge Bench headed by Chief Justice of India found no harm in the appointment of Deputy Chief Ministers
- Reasoning that they were after all Members of Legislative Assemblies (MLAs) of the States and Ministers of State governments, and never mind the nomenclature.
Deputy Chief Ministers are first and foremost Ministers in the government of the State.
A person who holds the office of the Deputy Chief Minister must at any event, within a stipulated period, be an MLA.
persons appointed did not draw a higher salary and were like any other Minister in the government, and may just be more senior than the others.

Deputy CM is a political post, and it’s not a constitutional post like the Vice President of India.
Its origin can be traced to the post of Deputy Prime Minister which was appointed in 1947 post-independence, Sardar Vallabhai Patel is the first Deputy PM of India.
This led to the development of the post of Deputy CM in India.
The appointment and removal of Deputy CM is entirely at the discretion of the Chief Minister.
The Chief Minister can appoint more than one Deputy CM.
For example: Maharashtra has two Deputy CMs and Andhra Pradesh has five Deputy CMs.
There is no fixed tenure as the Chief Minister may reshuffle the portfolio or remove a deputy CM at any point of time.