Karnataka HC issues notice on plea challenging appointments to guarantee scheme implementing authorities

The petition contended that conferring the cabinet/minister of state status on the president and vice-president violates Article 164 (1A) of the Constitution, which fixes a 15% cap on the number of ministers of the legislative assembly’s strength.

Bengaluru: The Karnataka High Court has ordered a notice to the state government in a PIL petition filed by former BJP MLA P Rajeev challenging appointments to guarantee scheme implementing authorities with cabinet rank and state minister status to certain posts.

A division bench of Chief Justice N V Anjaria and Justice MI Arun also ordered a notice to H M Revanna, former minister and president of the state-level guarantee schemes implementing authority, and four vice-presidents S R Patil Byadagi, Pushpa Amarnath, Mehraj Khan and Suraj Hegde.

The matter has been posted to March 27 for further consideration.

The petition contended that conferring the cabinet/minister of state status on the president and vice-president violates Article 164(1A) of the Constitution, which fixes a 15 per cent cap on the number of ministers of the legislative assembly’s strength.

It argued that the Congress government, which won the 2023 assembly election on the promise of five guarantee schemes, constituted state-and district-level implementing authorities.

Senior advocate Aruna Shyam, who appeared for the petitioner, said that the chairman of the state-level authority had been given the cabinet rank while the five vice-chairmen had been conferred with minister of state rank. The appointees are neither cabinet ministers nor ministers of state.

"These appointees are conferred with the benefit of cabinet rank status of the state-level minister’s status in terms of salary, pecuniary benefits and perks payable to them. These appointments are made without any criteria regarding educational and technical expertise and no legal backing,” the advocate said.

The petition claimed that the government orders were passed in January 2024 and July 2024 without any assessment or analysis of the financial implications, and it is an attempt to attract the vote bank and please party functionaries.

Apart from the president and five vice-presidents, the state-level authority had 31 members representing the districts. Similarly, authorities have been constituted at the district, taluk and BBMP limits (Bengaluru), the petition said. The chairman of BBMP authority will get Rs 40,000 as honorarium per month and the members get Rs 1,200 per meeting.

The petitioner further said that these posts are filled only by the functionaries of the Congress party. However, privileges conferred are on a par with a cabinet/state minister.

"The schemes released by the state government do not relate to any of the welfare measures or the developmental activity but rather are a ploy to capture the vote bank. It will create a situation where the state government will not be able to provide basic amenities and the state exchequer will be pushed towards imminent bankruptcy," the petition said.