DEPUTY CM - POLITY

News: SC finds States do not violate Constitution in appointment of Deputy Chief Ministers

 

What's in the news?

       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.

 

Key takeaways from the SC Judgement:

       Chief Justice of India D.Y. Chandrachud found no harm in the appointment of Deputy Chief Ministers, reasoning that they were after all Members of Legislative Assemblies of the States and Ministers of State governments and never mind the nomenclature.

 

Legal Rationale:

       Chandrachud stated that Deputy Chief Ministers are essentially State Ministers and require MLA status, which doesn’t violate the Constitution.

 

Equality Concerns:

       Petitioner argued appointments were driven by religious and sectarian factors, violating Articles 14 and 15 of the Constitution.

 

Court Response:

       Dismissed the petition, deeming it lacking in substance.

 

Role Clarification:

       Chandrachud emphasized that Deputy Chief Ministers function like other Ministers, possibly with seniority, but without higher salaries.

 

Deputy CM:

Constitutional Status:

       Deputy CM is a political post, not a constitutional one like the Vice President of India.

 

Origin:

       Originated from the post of Deputy Prime Minister in 1947, with Sardar Vallabhai Patel being the first Deputy PM.

 

Appointment and Removal:

       At the discretion of the Chief Minister, who can appoint multiple Deputy CMs.

 

Tenure:

       No fixed tenure.

       Chief Minister can reshuffle portfolios or remove Deputy CMs anytime.

 

Current Status:

       As of July 2023, 12 states in India have Deputy CMs.

 

Financial Powers:

       No specific financial authority.

       Requires CM’s approval for expenditure beyond allocated budget.

 

Rank and Pay:

       Deputy CMs hold a rank equivalent to cabinet ministers, receiving similar pays and perks.

 

Portfolio Allocation:

       They are entrusted with portfolios, although typically smaller in scale compared to the Chief Minister.

 

Administrative Role:

       They facilitate governance and administration, acting as a bridge between the ruling party and its allies.