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'Not unconstitutional to appoint dy CMS'

Hindustan Times

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February 13, 2024

The post of deputy chief minister may not be defined under the Constitution but there is no illegality in appointing leaders to the role, the Supreme Court observed on Monday, dismissing a public interest litigation that demanded the practice be struck down as unconstitutional.

- Utkarsh Anand

'Not unconstitutional to appoint dy CMS'

According to a bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, a deputy CM is a legislator and a minister and, therefore, no constitutional provisions are contravened by this practice. "The appointment of deputy chief ministers is a practice followed in some states to give a little more importance to senior leaders in the party or coalition of parties in power... it's not unconstitutional," said the bench, which also comprised justices JB Pardiwala and Manoj Misra.

Rejecting the PIL moved by the Delhi-based Public Political Party, it added that deputy CMS, under the Constitution, are, after all, just members of the council of ministers headed by the chief minister.

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