The Supreme Court on Monday issued notice to the Centre and Himachal Pradesh Government on a petition pointing out that Chief Minister Virbhadra Singh’s did not have 12 Ministers in his cabinet as mandated by the law.
Observing that the petitioner has raised an interesting issue, a Bench headed by Chief Justice KG Balakrishnan sought the response on the allegation that running the government with 11 ministers including the Chief Minister was in violation of Constitutional provisions. The court also issued notice to the Chief Minister.
Petitioner Virendra Kumar pointed out that the first proviso to Article 164 (1A) inserted by the 91st Amendment made it mandatory that the number of ministers including the Chief Minister in a state should not be less then 12.
The petitioner contended that Parliament has expressly inserted a new Article 164 (1A) for fixing the minimum number of ministers in a state at 12 for smooth running of the government eliminating the need of creation of other ministerial posts like the Parliamentary Secretary.