38.6c New Delhi, India, Thursday, June 20, 2024
Judiciary

Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order]

By LAWSTREET NEWS NETWORK      13 September, 2023 06:33 PM      0 Comments
Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order]

The Karnataka High Court has said that appointing a person with Cabinet rank status does not make him Minister, as it dismissed a PIL challenging the appointment of political secretaries and advisors to Chief Minister Siddaramaiah.

A bench of Chief Justice Prasanna B Varle and Justice Krishna S Dixit said making such appointments fell under the domain of Executive and there is no breach of any rule of law.

The petitioner S Umapathi, a Bengaluru-based advocate, challenged the appointment of Dr K Govindraj and Nazeer Ahmed as political secretaries, as well as the appointment of Sunil Kanugolu as chief advisor, and K V Prabhakar as media advisor to the CM with the status of Cabinet rank.

The petitioner contended that the appointments, equivalent to the rank of a Cabinet minister, are without jurisdiction and unconstitutional.

He cited Article 164(1A) of the Constitution, which prescribes that the total number of ministers, including the chief minister, shall not exceed 15% of the total number of members of the Legislative Assembly.

With these appointments, the 15% ceiling has been breached, he claimed.

Opposing the plea, the state government said that these persons are not ministers though they have been conferred with the Cabinet rank.

The bench said that the text of Clause (1A) of Article 164, which has been introduced by the 91st Amendment Act, 2003, with effect from January 1, 2004, prescribing the ceiling limit as to the number of ministers is "as clear as the Gangetic waters".

It is nobody's case that the private respondents have been appointed as ministers. If the private respondents were appointed as ministers, there could have been scope for the invocation of the subject provision of the Article, the court said.

"Merely because a Cabinet status is conferred on a particular appointee, that per se does not make him a minister within the meaning of Article 164," the court said.

The bench further said, the status of Cabinet rank is conferred on persons appointed to posts/offices other than that of ministers as well, needs no research.

"Since the enactment of the Constitution, in several states, eg, Assam, Meghalaya, etc, persons are appointed with such status even when they are not members of the Council of Ministers. Such status is conferred for various reasons that fall within the exclusive domain of the Executive and therefore, the court cannot undertake their deeper examination in Judicial Review," the bench said.

[Read Order ] 



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order] Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order]

Karnataka High Court clarifies that Cabinet rank status does not equate to ministerial position, dismissing a PIL challenging political appointments to Chief Minister Siddaramaiah.

Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy

Karnataka High Court protects journalist Sudhir Chaudhary and Aaj Tak from coercive action over alleged 'fake news' about Karnataka government's minority scheme. Get the latest updates on this legal battle.

Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation

Karnataka High Court rejects Anjuman-E-Islam's plea against Ganesh idol installation at Idgah Maidan in Hubballi. Get the latest updates on the legal battle and permissions for Ganesha festivities.

Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order] Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order]

Karnataka High Court rules that a woman engaged in adultery cannot claim maintenance, stating her dishonesty as a key factor.

TRENDING NEWS

mk-stalin-urges-amit-shah-to-withdraw-new-criminal-laws
Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
calcutta-hc-mandates-reservation-for-transgenders-in-west-bengal-public-employment
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM

TOP STORIES

sc-notice-to-petitioners-on-ntas-plea-to-transfer-petitions-on-neet-ug
Trending Judiciary
SC notice to petitioners on NTA's plea to transfer petitions on NEET UG

SC issues notice on NTA’s plea to transfer NEET UG petitions from various High Courts to apex court. Court to review alleged irregularities on July 8.

14 June, 2024 12:44 PM
hyundai-motor-india-set-to-file-ipo-papers-aiming-for-historic-billion-share-sale
Trending Business
Hyundai Motor India Set to File IPO Papers, Aiming for Historic $3 Billion Share Sale

Hyundai Motor India to file for IPO, aiming to raise $2.5-$3 billion in what could be India’s largest share sale, enhancing its market value and competitive edge.

14 June, 2024 01:55 PM
madras-hc-sentences-contemnor-to-6-months-jail-for-scandalous-allegations-against-judges
Trending Judiciary
Madras HC sentences Contemnor to 6 months jail for scandalous allegations against Judges [Read Order]

Madras High Court sentenced PU Venkatesan to 6 months in prison for making scandalous allegations against judges, emphasizing the need to uphold judicial dignity.

14 June, 2024 03:40 PM
release-of-aamir-khans-sons-debut-film-maharaj-stayed-by-gujarat-hc-on-plea-by-shri-krishna-devotees
Trending Business
Release of Aamir Khan's son's debut film 'Maharaj' stayed by Gujarat HC on plea by Shri Krishna devotees

Gujarat HC stays release of Aamir Khan’s son Junaid Khan’s debut film ‘Maharaj’ till June 18 on plea by Shri Krishna devotees of the Pushtimarg sect.

14 June, 2024 05:51 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email