Chhattisgarh: Congress filed a petition in Chhattisgarh High Court calling the 14-member cabinet more than the constitutional limit, hearing on the petition is likely to take place next week

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Opposition party Congress in Chhattisgarh has filed a petition in the Chhattisgarh High Court on Friday, September 5. This petition states that the current number of ministers in the state cabinet exceeds the constitutional limit.

The party claims that according to the Constitution, the number of ministers (including the Chief Minister) in a state with a 90-member assembly cannot exceed 13, while at present it is 14. Hearing on this petition is likely to be held next week.

What is the constitutional provision?

Under Article 164 (1A) of the Constitution, no state can have more than 15% of the total number of assembly members as ministers. This article was added by the 91st Constitutional Amendment Act, 2003. The size of the Council of Ministers in a state cannot exceed 15% of the total number of members of the Legislative Assembly of that state, but even if the assembly is small, the number of ministers will not be less than 12. At the same time, according to PTI, the Congress says that the government has included 14 ministers without any constitutional permission.

BJP government’s stand

Chief Minister Vishnu Dev Sai recently inducted three BJP MLAs into the cabinet, taking the number of ministers to 14. When questioned, Deputy Chief Minister Arun Saw said that the government has followed the example of Haryana. Haryana also has a 90-member assembly and a 14-member cabinet, and this is in accordance with the constitutional provisions.

Opposition’s stand and way forward

Leader of the opposition Charan Das Mahant had already written a letter to Governor Ramen Deka demanding that a minister be removed as it is a violation of the limit. Now the Congress has formally approached the court. If the court agrees with the arguments of the Congress, then the state government may have to remove a member from the cabinet, which will have a big impact on the political equations.