NEW DELHI: The Supreme Court on Tuesday refused to entertain a petition challenging the Karnataka government’s decision to grant ministerial rank to 42 legislators, including MLAs and MLCs, as chairpersons of various boards and corporations.
A bench of Chief Justice of India Surya Kant and Justice Joymalia Bagchi asked the petitioner to file a review petition before the Supreme Court.
“We deal with this petition and grant the petitioner liberty to file a review petition before the Supreme Court,” the bench said.
Senior advocate K Parameshwar, who appeared for the petitioner, contended that the matter was not given the seriousness it should have been given by the Supreme Court.
He said the department has no money of its own as it comes from the Consolidated Fund of India.
The Supreme Court was hearing an appeal filed by Suri Payala, who works with the Karnataka State Pollution Control Board, challenging the March 4 order of the Karnataka High Court that dismissed his petition.
“We also find merit in the contention that the present petition is not entirely in the public interest, but also arises out of the petitioner’s aspirations for certain offices. It is held that the petitioner, seeking to file a public interest litigation, is bound to disclose his potential interest in the litigation. In this case, the petitioner has failed to make full disclosure as required,” the apex court said.
The petition argued that granting these legislators ministerial status leads to financial benefits such as increased salaries, official vehicles, drivers, fuel allowances, house rent allowances and medical compensation.
The petition said it constitutes a “profitable position” and violates Article 191 of the Constitution, which prohibits legislators from holding such positions.
The petitioner asserted that the appointment of members of the Legislative Assembly and members of the Legislative Council as chairpersons of the various boards and companies would not have been a problem.
However, granting them ministerial status violates Article 164 of the Constitution which limits the size of the Cabinet to prevent unjustified government expansion, the petition said.
The petition highlights that on January 26, 2025, the state government issued an order conferring ministerial rank on 34 legislators, in addition to the eight who were already holding that rank. This raised concerns about a single government notifying the appointment of so many legislators to ministerial positions.
The petition challenges the appointments to the Cabinet posts on the grounds that they violate Articles 102, 191 and 164 of the Constitution, as well as the Karnataka State Legislature Act, 1956 and Section 10 of the Representation of the People Act, 1951.
The petition warns that allowing such appointments would set a dangerous precedent, encouraging lawmakers to seek additional roles and privileges, thus undermining legislative integrity.
The petitioner also claims that the extension of ministerial rank to a select group of legislators is arbitrary, violates the principles of natural justice, and erodes public confidence.
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