38.6c New Delhi, India, Friday, May 24, 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

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
mp-high-court-grants-police-protection-to-couple-facing-honour-killing-threats-over-marriage
Trending Judiciary
MP High Court Grants Police Protection to Couple Facing Honour Killing Threats over Marriage [Read Order]

MP High Court grants police protection to a couple facing death threats from their parents for marrying without consent, citing serious measures against honor killings.

23 May, 2024 03:45 PM

TOP STORIES

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM
abuse-under-sc-st-act-has-to-be-in-public-view-to-make-out-offence-sc
Trending Judiciary
Abuse under SC/ST Act has to be in public view to make out offence: SC [Read Judgment]

SC rules abuse under SC/ST Act must be in public view. Case involves Olympic Riding and Equestrian Academy, highlighting key requirements for the offence.

18 May, 2024 05:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email