No Constitutional Compulsion To Include Any Particular Community In Council Of Ministers: HC Rejects PIL For Including Women In Telangana Cabinet

It is within the domain of the Chief Minister to make his choice and advice the Governor as to who shall be appointed as the Minister in the Council of Ministers.The Telangana and Andhra Pradesh High Court recently rejected a plea seeking the appointment of women ministers in Telangana, observing that there is no constitutional compulsion as to inclusion or exclusion of any particular community of citizens in the Council of Ministers.Dara Sreesailam, a lawyer, had filed public interest litigation ‘aggrieved’ with non-inclusion of woman in the state cabinet till date. She contended that permitting only male MLAs in to the cabinet as ministers by suppressing the Constitutional rights of SC/ST/BC/women MLAs amounts to practice of caste/gender discrimination.She further submitted that non-mention of word ‘women’ in Articles 74, 75 and 164 of the Constitution of India does not amounts to prohibition of women in council of ministers, they have equal right part with men, and it is the primary obligation of the Prime Minister of India/Chief Minister of States to allow them in to their respective cabinets as ministers along with men to avoid caste/gender discrimination between male and female to avoid inequalities between mane and women to maintain social justice.The division bench comprising Chief Justice Thottathil B Radhakrishnan and Justice V Ramasubramanian observed that there is no constitutional compulsion as to inclusion or exclusion of any particular community of citizens in the Council of Ministers.The bench observed: “There is no provision in Article 164, except those relating to some of the States enumerated therein, which provides any constitutional compulsion as to inclusion of any particular community of citizens in the Council of Ministers. Article 164 has been made in such a way that there is no room for any exclusion either on the basis solely of gender, or on the basis of religion, caste or community. Similarly, it is within the domain of the Chief Minister to make his choice and advice the Governor as to who shall be appointed as the Minister in the Council of Ministers. The due procedure in relation to the advice of the Chief Minister having been made, the Governor is always within the jurisdiction to appoint the Ministers in the Council of Ministers.”The bench then dismissed the PIL which had sought the following 12 reliefs: Declaring the Chief Minister’s act in non-reference of the women MLAs name to the Governor of Telangana 02-06-2014 till date to appoint them as ministers in his Cabinet is illegal, arbitrary and unconstitutional and violative of Articles 14, 15, 16, 21 and 164 of the Constitution of India. Direct the CM to refer the names of any woman MLA from his TRS party by advising the Governor to appoint her as minister in his cabinet and pass such orders as this Honorable Court may deem fit and proper. Pass an order that by giving a new definition that mere non-mention of word ‘women’ in Articles 74, 75 and 164 of the Constitution of India does not amount to prohibition of women in council of ministers, they have equal right part with men, it is the primary obligation of the Prime Minister of India/Chief Minister of States to allow them in to their respective cabinets as ministers along with men to avoid caste/gender discrimination between male and female to avoid inequalities and to maintain social justice. Pass an order that reference of MLAs names to Governor to appoint them as ministers is not the discretionary power of the Chief Minister, it is a constitutional obligation of the Chief Minister to give an opportunity to women MLAs in his cabinet along with male MLAs to avoid gender discrimination in the cabinet. Pass an order that Articles 14, 15, 16 and 21 of Constitution of India shall applies to Articles 74, 75 and Article 164 of the Constitution of India while appointing MPs/MLAs as ministers in their respective cabinets. Pass an order that the Chief Ministers shall follow the public policy adopted by previous Prime Ministers of India and previous Chief Ministers while appointing the ministers into their respective cabinets by referring the names of women MLAs along with male MLAs to appoint them as ministers to eliminate caste/gender discrimination in their governance though there is no specific word ‘women’ in Articles 74, 75 and 164 of the Constitution of India. Pass an order that permitting only male MLAs into the cabinet as ministers by suppressing the constitutional rights of SC/ST/BC/women MLAs amounts to practice of caste/gender discrimination by respondent No.1. Pass an order that the appointment of Reddy community MLAs i.e., more than all communities by suppressing SC/ST/BC women MLAs is unconstitutional, unethical, against public policy, creation of inequalities in the cabinet. Pass an order that the elected public representatives have been failing in understanding the importance of Articles 330 and 332 of the Constitution of India. Pass an order that keeping of...

No Constitutional Compulsion To Include Any Particular Community In Council Of Ministers: HC Rejects PIL For Including Women In Telangana Cabinet

Ashok Kini

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