The Delhi High Court on Wednesday indicated its willingness to consider a public interest litigation (PIL) advocating for an increase in the number of ministers in the Delhi government. The current cap restricts the council to just seven ministers despite Delhi’s large legislative assembly and extensive administrative responsibilities.
Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela, overseeing the case, raised multiple queries to the petitioner’s counsel during the preliminary hearing and scheduled the next session for July 28.
The PIL, initiated by Aakash Goel and represented by advocate Kumar Utkarsh, points out the disproportionate ministerial representation in Delhi. With 70 MLAs and 38 portfolios, Delhi has the lowest ratio of ministers to portfolios among Indian states, with the closest states being Goa and Sikkim, managing at least 12 ministers each.
Goel’s plea challenges the constitutional validity of Article 239AA, which limits Delhi’s council of ministers to 10 percent of its legislative assembly members. This, the petitioner argues, is “arbitrary, discriminatory, and violative of the basic structure of the Constitution.” The petition further asserts that these restrictions undermine principles such as federalism, democratic governance, and administrative efficiency.
Delhi’s unique constitutional status as a “sui generis” entity—a category of its own—further complicates comparisons with other states, as noted by the bench. “Delhi cannot be compared with other states due to its standalone status under a special constitutional scheme,” the court remarked, highlighting the peculiar shared governance model between the central and state government in Delhi.
The plea also references a disparity introduced by Article 164(1A), which sets a cap on the number of ministers in states but inadvertently excludes Delhi from the stipulation that no state should have fewer than 12 ministers. This oversight, the petitioner contends, results in “ineffective and disproportionate governance” and infringes on the residents’ right to equality.
Highlighting the practical impacts of this limitation, the petition states that the inadequate number of ministers leads to administrative bottlenecks, policy implementation delays, and excessive burdens on the current ministers, ultimately affecting the efficiency of governance in the capital.
