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. :-
Health, Family Welfare and Medical Education
K. Nariana Swami
Dharmana Krishna Das
Revenue Stamps and Registrations
Bharitya Janta Party
Finance and Commercial Taxes and Urban Development and Housing
Education, Higher Education, Technical Education, Finance, Planning, Excise, GST, Vigilance Services, Tourism, land and building, art culture and language
Tourism, Sports and Printing and Stationary
Town and Country Planning, Agriculture Archives etc.
Nationalist Congress Party
Yamnam Joy Kumar Singh
National People’s Party
National People’s Party
PWD (Roads) Animal Husbandry and Veterinary, Housing, Labour, Parliamentary Affairs.
Mizo National Front Public Party
Engineering Urban Development and Poverty Alleviation
Om Parkash Soni
Indian National Congress
School Education Department
Sukhjinder Singh Randhawa
Indian National Congress
Home Affairs, Vigilance, Jails
Jishnu Dev Verma
Power, Rural Development, Finance, Planning and coordination, Science Technology and Environment
Keshav Prashad Maurya
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.