Karnataka HC to hear PIL challenging cabinet rank for 42 MLAs, MLCs on Feb 21

Bengaluru, Feb 14 (PTI) The Karnataka High Court on Friday hearing a Public Interest Litigation filed by a city resident contesting the state government’s decision to grant cabinet rank to 42 legislators, including Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs), posted the matter for next hearing on February 21.

Suri Payala, who works with the Karnataka State Pollution Control Board argued that bestowing cabinet status on these legislators results in financial benefits such as higher salaries, official vehicles, drivers, fuel allowances, House Rent Allowances (HRA) and medical reimbursements.

This, he contends, constitutes an "office of profit" and contravenes Article 191 of the Indian Constitution, which disqualifies legislators from holding such positions.

The case was presented before a division bench comprising Chief Justice N V Anjaria and Justice M I Arun, who scheduled the next hearing for February 21.

Senior advocate J Sai Deepak, representing the petitioner asserted that appointing legislators as chairpersons of various boards and corporations would not have been problematic. However, conferring cabinet status upon them violates Article 164(1A) of the Constitution which limits the size of the council of ministers to prevent unwarranted government expansion.

The plea highlights that on January 26, the state government issued an order granting cabinet rank to 34 legislators, in addition to the eight who already held the status. This raised concerns about a single government notification appointing such a large number of legislators to cabinet-level positions.

During the hearing, Chief Justice Anjaria remarked on the sweeping nature of the order, asking, "So these 34 appointments are by one stroke of the pen. One notification," senior advocate Deepak confirmed, stating that an additional 34 legislators were given cabinet rank.

The court suggested rescheduling the hearing to allow Deepak who had joined the proceedings virtually, to argue in person. The case was then adjourned to February 21.

The petition challenges the cabinet rank appointments on the grounds that they violate Articles 102, 191, and 164 of the Constitution, as well as the Karnataka Legislature (Prevention of Disqualification) Act, 1956 and Section 10 of the Representation of the People Act, 1951.

Citing the Supreme Court’s 1964 ruling in Guru Gobind Basu vs Sankari Prasad Ghosal & Ors, the petitioner argued that legislators holding cabinet-rank positions should be disqualified for occupying an office of profit.

The plea warns that allowing such appointments would set a dangerous precedent, encouraging legislators to seek additional roles and perks, thereby undermining legislative integrity.

The petitioner also claims that extending cabinet rank to a select group of legislators is arbitrary, violates principles of natural justice, and erodes public trust.

Before approaching the High Court, Payala had sent representations to the Speaker of the Legislative Assembly and the Chairman of the Legislative Council but received no response. PTI COR JR SSK KH