Deputy PMs, CMs are chariots without wheels

Obstinacy is natural with children. Sometimes, they turn stubborn, inflexible and put forth unreasonable demands. There goes the story of a child crying for the moon. No other gift would pacify the child. Finally, the mother poured water in a tub. “There’s the moon,” said the mother. On seeing the reflection of the moon in the tub, the child was happy and started playing with the mirror image.


This story flashed through my memory as I watched the leaders of

Goa Forward Party

and Maharashtrawadi Gomantak Party adamant on being described as deputy chief ministers when the mother, BJP, was bent upon a successor to Manohar Parrikar from its cadre, none other than the youngest, trusted and indoctrinated Pramod Sawant. Ultimately, the two leaders got the mirror image of the moon and the mother BJP bagged the

chariot

with wheels and powered gears.

Deputy PMs and CMs are not constitutional offices and no powers are attached to these posts. These offices assume significance if the PM or CM divests the most significant portfolios of home and finance and allocates them to the deputy. Otherwise, it is appeasement in name rather than in practice to elicit the support of coalition partners or to soften regional or caste equations even if it is a single party government.

There is no violation of any constitutional provision if the PM or CM ties the apron of deputy on ministerial colleagues. The PM or CM may consider this as the best alternative so that the cabinet can cook its meals in peace, guarding against any adverse spillover on the stability of the government. However, it would be an abuse of power if the president or governor administers the oath of office of the deputy PM or CM. The swearing-in to the office of the deputy PM or CM is impermissible. Swearing in can be only as a minister. The Constitution mandates that “there shall be a council of ministers, with the chief minister at the head, to aid and advise the governor,” and further, that “the chief minister shall be appointed by the governor, and the other ministers shall be appointed by the governor on the advice of the chief minister”.

It is pertinent to recall that President Venkataraman administered the oath as ‘mantri’ to Devi Lal during the swearing-in ceremony of the V P Singh government, while Devi Lal insisted on reading it as ‘upa pradhan mantri’. The President corrected him, but the ‘kisan’ leader of Harayana would not relent.

The matter later went to the Supreme Court. Attorney general Soli J Sorabjee, submitted that Devi Lal was a minister for all purposes and there was no constitutional sanction for a deputy prime minister. The SC made clear that no constitutional powers of PM or CM can be conferred on deputies and they function as ministers.

Two ministers with the deputy chief minister tag in a cabinet is a first for the state. This is from an assembly of 40, whose present strength is 36 with a cabinet strength of 12. Awesome, isn’t it?

The writer is former state election commissioner