Petition challenges cap on Delhi ministers; HC sets hearing for July 28

Delhi High Court to consider PIL plea for more Ministers in Delhi government, challenging Article 239AA.

The Delhi High Court on Wednesday said it will consider a PIL plea seeking to increase the number of Ministers in the Delhi government. The plea argued that the government has 38 portfolios but only seven Ministers to manage them, despite there being 70 members in the Assembly.

“This is by far the lowest number of Ministers in any State — the second lowest being 12 Ministers in the States of Goa and Sikkim, with 40 and 32 MLAs respectively,” the petitioner, Aakash Goel, stated.

The plea challenged Article 239AA of the Constitution, which restricts the Council of Ministers in Delhi to 10% of the total members of the Legislative Assembly.

This limitation, the plea said, was arbitrary, discriminatory and violative of the basic structure of the Constitution, and undermined the principles of federalism, democratic governance, and administrative efficiency.

The court has posted the case for hearing on July 28.

The plea claimed Delhi was not similar to other Union Territories and by virtue of Article 239AA, it was accorded a “sui generis” (one of its kind) status, setting it apart from other UTs.

The court observed Delhi couldn’t be compared with other States as it held a “standalone” status with a special constitutional scheme and being governed differently.