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PIL in Delhi challenges 10% ministerial cap, calls for constitutional amendment
The Business Guardian
|April 10, 2025
A public interest litigation (PIL) was filed in the Delhi High Court, seeking an amendment to Article 239AA to increase the number of ministers in the Government of the National Capital Territory (NCT) of Delhi.
The petitioner argued that the number of ministers in Delhi remains capped at seven, despite the government managing 38 ministries and 40 portfolios with 70 elected MLAs in the legislative assembly.
Furthermore, Delhi's population has quadrupled over the past 35 years, yet the ministerial strength remains unchanged, leading to concerns about administrative efficiency.
Advocates Kumar Utkarsh and Rahul Sagar Sahay represented the petitioner, contending that the 10% restriction on ministerial strength is arbitrary and unconscionable.
Article 239AA, as introduced by the Sixty-Ninth Amendment Act of 1991, limits the number of ministers, including the Chief Minister, to 10% of the total members of the Legislative Assembly.
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