Context: The Supreme Court dismissed a PIL challenging the appointment of Deputy Chief Ministers in various states as being violative of Article 14. The Court opined that the Deputy Chief Minister was firstly a minister within the state government and the position was merely a label and nothing more.
Composition of Council of Minister:
Appointment of Deputy Prime Minister and Deputy Chief Minister:
- Article 74- There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.
- Article 75- The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the Prime Minister.
- Article 163- There shall be a council of ministers with chief minister at the head to aid and advise the Governor.
- Article 164- 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.
- Deputy Prime Minister is appointed Under Article 75 of the Indian Constitution whereas Deputy chief minister is appointed under article 164 of the constitution.
- Supreme Court in K.M. Sharma vs Devi Lal & Ors (1990) opined that the terminology “deputy” is only descriptive and does not confer on deputy PM any power of Prime Minister. He is like other cabinet minister.
- Similarly, in the recent PIL case, Supreme Court opined that even a deputy Chief minister, was a minister first and that the post of a 'Deputy Chief Minister' was “only a label”.
- Appointment of a deputy Chief Minister has no bearing in the constitutional sense, the label does not provide any extra perks such as a higher salary.
- The oath to deputy PM to deputy CM is administered as per the third schedule.
- In the official table of precedence, the deputy PM is ranked above the union cabinet ministers and deputy CM is the ranked above the state cabinet ministers.
NOTE: Sardar Vallabhbhai Patel was the first deputy prime minister of India and first Deputy CM in India was Anugrah Narayan Sinha of Bihar.