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Demand Notice to Chief Secretaries of states where Dy.CM have been designated including Pb & Haryana


The Chief Secretaries, Govt. of Punjab, Haryana, Andhra Pradesh, Mizoram, Arunachal Pradesh, Manipur, Tripura, Nagaland, Bihar, Delhi Goa, Meghalaya, Uttar Pradesh have been served a demand notice for re-designating the Deputy Chief Ministers in your Govt. simply as “Ministers”.

Advocate H C Arora has enclosed a list of the Ministers in States, who are illegally and arbitrarily re-designated as “Deputy Chief Minister” in the Govt. :-

1.

Alla Nani

Andhra Pradesh

YSR Congress

Health, Family Welfare and Medical Education

2.

Amzath Basha

Andhra Pradesh

YSR Congress

Minority Welfare

3.

Shaikh Vepari

Andhra Pradesh

YSR Congress

Minority Welfare

4.

K. Nariana Swami

Andhra Pradesh

YSR Congress

5.

P. Pamula

Andhra Pradesh

YSR Congress

Tribal Welfare

6.

Dharmana Krishna Das

Andhra Pradesh

YSR Congress

Revenue Stamps and Registrations

7.

Chowna Mein

Arunanchal Pradesh

Bharitya Janta Party

8.

Reenu Devi

Bihar

BJP

9.

Tarkishore Prasad

Bihar

BJP

Finance and Commercial Taxes and Urban Development and Housing

10

Manish Sisodia

Delhi

AAP

Education, Higher Education, Technical Education, Finance, Planning, Excise, GST, Vigilance Services, Tourism, land and building, art culture and language

11.

Ajgonkar

Goa

BJP

Tourism, Sports and Printing and Stationary

12.

Chandrakant Kavlekar

GOA

BJP

Town and Country Planning, Agriculture Archives etc.

13

Dushyant Chautala

Haryana

JJP

14.

Ajit Pawar

Maharashtra

Nationalist Congress Party

Finance Minister

15.

Yamnam Joy Kumar Singh

Manipur

National People’s Party

16.

Prestone Tynsong

Meghalaya

National People’s Party

PWD (Roads) Animal Husbandry and Veterinary, Housing, Labour, Parliamentary Affairs.

17.

Tawnluia

Mizoram

Mizo National Front Public Party

Engineering Urban Development and Poverty Alleviation

18.

Yanthungo Patton

Naga Land

BJP

---

19.

Om Parkash Soni

Punjab

Indian National Congress

School Education Department

20.

Sukhjinder Singh Randhawa

Punjab

Indian National Congress

Home Affairs, Vigilance, Jails

21

Jishnu Dev Verma

Tripura

BJP

Power, Rural Development, Finance, Planning and coordination, Science Technology and Environment

22.

Keshav Prashad Maurya

Uttar Pradesh

BJP

Public Works, Food Processing, Entertainment, Taxes, Public Enterprises.

In this context, I have to submit as under:-

1. That it has become a fashion in our democratic country to appoint rival centre of power as Deputy Chief Minister in the State Govt ., in order to keep such rival centre of power in good humor, by making him believe that he is above the other Ministers, while knowing fully well that under the Constitution of India, there is no post of Deputy Chief Minister.

2. That as is clear from the table incorporated above, in some of the States there are more than one Minister designated as Deputy Chief Minister , and such tendency is nothing but to subvert the Constitution, just for the sake of giving extra importance to some of the Cabinet Ministers. On being re-designated as Deputy Chief Minister, such Cabinet Ministers are being addressed as Deputy Chief Ministers all over the State, even in official communications. This is totally impermissible under the Constitution. There is no such post as that of “Deputy Chief Minister” in the Constitution. The only posts available in the Constitution are that of “Chief Minister” and “Minister”. In some of the States under the legislation enacted by such States, there are posts of “State Minister”. However, there is no post of Deputy Chief Minister in such States also. Thus, neither under the law making power, nor under the executive powers, any of the States has the power to create the post of Deputy Chief Minister . All the aforesaid persons, who are presently designated as Deputy Chief Minister , are therefore liable to be restrained from using the designation “Deputy Chief Minister”, and that they should describe themselves only as Minister in the State.

3. That it hardly needs be emphasized that a Deputy Chief Minister does not have any power akin to the power possessed by the Chief Minister . Deputy Chief Minister does not possess more powers than any other Minister, although usually they are having the more important portfolios in the State Govt . It appears that some of the Ministers are not satisfied with their position as Minister and they want to flaunt a much higher status. It is to satisfy their greed for more powers, that they are being designated as Deputy Chief Minister.

4. That it is also pertinent to state that under the Constitution of India, there is no specific oath to be administered to any person as Deputy Chief Minister. In view of the aforesaid position under the Constitution of India, the discharge of duties of so called post of “ Deputy Chief Minister” by any Cabinet Minister is totally unconstitutional and unwarranted. Such Deputy Chief Ministers are liable to be divested of their aforesaid glorified designation, and should be permitted to use only the designation as Minister.

I would therefore, call upon you to take immediate steps, to ensure that none of the Cabinet Ministers under the Chief Minister of your State uses the designation of “Deputy Chief Minister”. In case the needful is not done by you within a period of 2 months from the date of receipt of this notice, in that event, I shall be left with no other alternative except to file a Public Interest Litigation (PIL) in the Hon’ble Supreme Court of India, for seeking the redressal of my legitimate grievance mentioned above, in public interest.