Jabalpur: Former Speaker of Madhya Pradesh Assembly, NP Prajapati has challenged the size of Shivraj’s cabinet in the Supreme Court. He has filed a petition in the court and questioned that the size of Shivraj Cabinet is against the statutory system considering the number of members in the assembly. On this petition, the Supreme Court has issued a notice to the CM of the state Shivraj Singh Chouhan (CM Shivraj Singh Chouhan) and the Chief Secretary.
Former Speaker of Madhya Pradesh Legislative Assembly NP Prajapati has filed a petition in the Supreme Court raising the issue of expansion of Shivraj cabinet. According to the petition, according to the number of present assembly members, 34 ministers cannot be made. According to the number of members in the assembly, more than 15% of the members of the assembly cannot be made ministers. This is a legal system. But more than the fixed number of ministers have been appointed in Shivraj’s cabinet. Prajapati has challenged it in the Supreme Court.
Supreme Court issued notice
On this petition of NP Prajapati, former Speaker of Madhya Pradesh Legislative Assembly, the Supreme Court has issued a notice to the state CM Shivraj Singh Chauhan and the Chief Secretary. On behalf of Prajapati, senior advocates Kapil Sibal and Vivek Tankha put the side in the Supreme Court.
This is the whole case
Former Speaker of Madhya Pradesh Assembly Narmada Prasad Prajapati filed a petition challenging the cabinet expansion. Senior advocate Kapil Sibal and Vivek Tankha, appearing for the petitioner, appearing in the Supreme Court, argued that the cabinet expansion in the state was a clear violation of Article 164 1A of the Constitution. The issue has been raised in the petition filed under article 32 that recently the Shivraj government has appointed 28 ministers, whereas in the past six ministers were already appointed. In this context, the total number of members in the cabinet in Madhya Pradesh has gone up to 34.
If we talk about the rule, under Section 164A, only 15 percent of the total members of the assembly can be made ministers. Whose figure is only 30 ministers. Despite this, four ministers have been made more. After hearing the plea of the petitioner, the Supreme Court has issued a notice to the Chief Secretary and Chief Minister Shivraj Singh Chouhan. Significantly, with the formation of the cabinet, it was being said that the number of members has been increased by going contrary to the rule, which is a violation of the law. Now the opposition has taken the path of the Supreme Court regarding the whole matter.
How to understand legal background
The basic basis of this petition is the number of current MLAs of the Legislative Assembly. According to senior advocate Vivek Tankha, appearing on behalf of the petitioner, the number of cabinet in any assembly under Article 164 1A of the Constitution should not exceed 15 percent of the number of its current assembly legislators. That is, if you understand numerically, if there were currently 230 MLAs in the Assembly, a total of 34 ministers could be made. But the day the cabinet was formed, at that time 22 MLAs had resigned, while 2 seats were to be held. In this case, the total number of Council of Ministers should be 30.9 by the vote of 206 MLAs.