'Requires Consideration': High Court On PIL To Increase Number Of Delhi's Council Of Ministers

A petition has been filed in the Delhi High Court for increasing the number of Council of Ministers of Delhi at par with the other States in terms of Article 164(1) of the Constitution of India.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said that the matter requires consideration and listed it for hearing on July 28.

The petition has been filed by one Aakash Goel who has contended that Delhi Government only has 7 ministers despite having 38 number of ministries to look after and despite having 70 MLAs in the legislative assembly.

As per the plea, this is by far the lowest number of ministers in any state – the second lowest being at least 12 ministers in the States of Goa and Sikkim despite having 40 and 32 MLAs respectively.

The petition challenges the constitutional validity of Section 2(4) of the Constitution (Sixty-Ninth Amendment) Act, 1991 and Article 239AA which restrict the Council of Ministers in Delhi to just 10% of the total members of the Legislative Assembly.

Goel has said that the said limitation is arbitrary, discriminatory and violative of the Basic Structure of the Indian Constitution, which undermines the principles of federalism, democratic governance and administrative efficiency.

During the hearing today, the Court remarked the challenge raised in the matter is not of federalism principle but of Article 14 (discrimination) of the Constitution of India.

However, it added, that how far such a challenge under Article 14 can stand judicial scrutiny would have to be seen, especially in light of the fact that Delhi has a “standalone” status with special constitutional scheme.

“If the status of Delhi as a standalone state is upheld in comparison to other such states, then how can you compare Delhi with other States? Please try to understand…. The way Delhi is governed under the constitutional scheme is different than the way other States are governed. Here there is some kind of sharing of powers between the central government and the state government even on subjects which are otherwise exclusively on state list. It is not there with other States,” the CJ said.

He added: “If this unique constitutional status of Delhi is accepted, how can you compare any constitutional arrangement here with constitutional arrangement made in other states? Therefore Article 14 challenge, how far it can stand [is to be seen].”

The Court heard the petitioner's counsel for some time and listed the case on July 28 for further arguments. However, no notice was issued today.

The PIL contends that the inadequate number of Ministers has resulted in administrative bottlenecks, delays in policy implementation, inefficiencies in governance and an excessive burden on the existing Ministers, who struggle to effectively manage the affairs of a territory as vast and populous as Delhi.

It adds that while other States enjoy a more adequately represented Council of Ministers, Delhi—despite having a Legislative Assembly and an elected government—has been denied equivalent executive capacity, thereby hampering its governance and autonomy.

“In light of these judicial precedents, petitioner prays that the Government of NCT of Delhi is treated on par with other States by increasing the permissible number of Ministers in accordance with Article 164(1A). Such a step is essential to enhance administrative efficiency, ensure fair representation, and uphold the fundamental principles of democracy, federalism, and good governance for the people of Delhi,” the plea states.

The PIL has been filed through Advocate Kumar Utkarsh.

Title: Aakash Goel v. Union of India & Ors.