Supreme Court refuses to entertain plea challenging decision to grant Cabinet rank to MLAs, MLCs in Karnataka

Senior advocate K Parameshwar said the department has no money of its own as it comes from the consolidated fund of India.

New Delhi: The Supreme Court on Tuesday declined to entertain a petition challenging the Karnataka government’s decision to grant Cabinet rank to 42 legislators, including MLAs and MLCs, as heads of various boards and corporations.

A bench headed by Chief Justice of India Surya Kant heard senior advocate K Parameshwar, who appeared for the petitioner Suri Payala, an employee of the Karnataka State Pollution Control Board.

The petition had challenged a March 4 order of the Karnataka High Court that dismissed Payala’s plea.

During the brief hearing, the apex court asked the petitioner to first file a review petition before the high court. 

Parameshwar argued that the high court had not dealt with the matter with the seriousness it required.

The petitioner contended that the boards and corporations have no independent funds and draw money from the Consolidated Fund. Granting Cabinet rank to the legislators, he said, would entail several financial benefits, including higher salaries, official vehicles, drivers, fuel allowance, house rent allowance and medical reimbursements.

The plea argued that conferring Cabinet status on these legislators amounts to holding an “office of profit”, violating Article 191 of the Constitution. It also contended that the move infringes Article 164, which restricts the size of the Council of Ministers.

The Karnataka High Court had earlier dismissed the petition, observing that it was “not entirely in public interest” and was partly driven by the petitioner’s “aspirations for certain posts”. 

The high court noted that the petitioner had failed to make full disclosure of his personal interest as required in public interest litigations.

The apex court disposed of the special leave petition, granting liberty to the petitioner to approach the high court with a review petition.