PIL challenges 10% ministerial cap in Delhi, seeks constitutional amendment

New Delhi [India], April 9 : A public interest litigation (PIL) was filed in the Delhi High Court, seeking an amendment to Article 239AA to increase the number of ministers in the Government of the National Capital Territory (NCT) of Delhi.
The petitioner argued that the number of ministers in Delhi remains capped at seven, despite the government managing 38 ministries and 40 portfolios with 70 elected MLAs in the legislative assembly. Furthermore, Delhi's population has quadrupled over the past 35 years, yet the ministerial strength remains unchanged, leading to concerns about administrative efficiency.
Advocates Kumar Utkarsh and Rahul Sagar Sahay represented the petitioner, contending that the 10% restriction on ministerial strength is arbitrary and unconscionable. Article 239AA, as introduced by the Sixty-Ninth Amendment Act of 1991, limits the number of ministers, including the Chief Minister to 10% of the total members of the Legislative Assembly. The Supreme Court has previously emphasized the need to strengthen governance in Delhi.
A bench comprising Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela heard the matter and questioned whether the plea alleged discrimination asking, "Do you need more people or more efficient people?"
The Chief Justice said reflecting on Delhi's unique constitutional status, observed that since Delhi's governance structure involves a sharing of powers, comparing its constitutional arrangement with other states may not be justified. He questioned how Article 14, which guarantees equality, would apply in this case. The court also noted that constitutional provisions could be challenged on limited grounds, but mere existence does not guarantee constitutionality.
The Standing Counsel for GNCTD, Sameer Vashisht, submitted that the Delhi government would examine the issue. The court, acknowledging the significance of the matter, refrained from issuing a notice but decided that further hearings are necessary, listing the case for July 28.
The PIL, filed by social activist Aakash Goel, challenges the constitutional validity of Section 2(4) of the Sixty-Ninth Amendment Act of 1991 and the resultant Article 239AA.
The petition argues that limiting the Council of Ministers to 10% of the Legislative Assembly is arbitrary, discriminatory, and violative of the Basic Structure of the Constitution, particularly affecting federalism, democratic governance, and administrative efficiency.
The plea seeks an amendment to Article 239AA, advocating for parity between Delhi and other states in ministerial representation, in line with Article 164(1A). The petitioner asserts that increasing the number of ministers is essential for enhancing administrative efficiency, ensuring fair representation, and upholding the principles of democracy, federalism, and good governance for the people of Delhi.