GS Paper II

News Excerpt:

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

More details on the news:

• The Supreme Court while dismissing the petition gave reasons that a person who holds the office of the Deputy Chief Minister must at any event, within a stipulated period, be an MLA. Such appointments do not breach the Constitution.
• The SC also said that these 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.

About the Post of Deputy CM:

• While there is no specific provision in the Constitution on deputy CM, in practice, a deputy CM is practically recognised as holding an equivalent status to a cabinet minister in the state and enjoys the same pay and perks as a cabinet minister.
• Article 163(1) of the Constitution says “there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions”.
• Neither Article 163 nor Article 164 (“Other provisions as to Ministers”), sub clause (1) of which says “the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister”, mentions a Deputy Chief Minister. 

Significance of Deputy CM post:

• Constitutional Absence yet Political Relevance: Even though the Constitution does not mention deputy chief minister's post, it is the most sought after in the present political milieu.
• Hierarchy within State Government: Although a deputy chief minister is equivalent to a Cabinet minister in the state government, the post means that the person is second-in-command after the chief minister.
• However, the rationale and the political compulsion behind the post vary from state to state and party to party.
• Coalition Governance and Stability: They contribute to coalition government stability by bridging gaps between ruling parties and allies, reducing incidents of anti-defection.

Concerns associated with the post of Deputy CM:

• Allegations of Religious and Sectarian Motivations: According to the petitioner, Public Political Party, the appointments of Deputy Chief Ministers were motivated by religion and sectarian considerations.
• Constitutional Implications and Equality Rights: The petitioner argued that such appointments were against Article 14 (right to equality) and the tenet of Article 15 which holds that the State ought not to discriminate on the grounds of religion, race, caste, sex or place of birth.
• Role Ambiguity and Potential Exploitation: The role of Deputy Chief Minister encounters extra challenges, including uncertainty about responsibilities and the possibility of exploitation by Chief Ministers, given the position's absence of constitutional backing.
• Unregulated Number and Governance Challenge: The absence of a limit on the number of Deputy CMs could result in governance issues and political maneuvering. Drawing parallels with cabinet ministers may complicate administration and governance.

Conclusion:

Despite the fact that the appointment of Deputy Chief Ministers promotes political stability and representation and is not unconstitutional, in order to streamline governance structures, roles and limitations must be clearly defined.