Introduction:

The Rajasthan High Court, in response to a Public Interest Litigation (PIL) challenging the swearing-in of Deputy Chief Ministers Diya Kumari and Prem Chand Bairwa, has imposed a cost of Rs 25,000 on the petitioner, Om Prakash Solanki. The court deemed the petition frivolous, emphasizing its lack of merit and the petitioner’s failure to comprehend settled legal principles. The case revolved around the petitioner’s argument that the appointment of Deputy Chief Ministers is unconstitutional, a claim the court found to be without proper foundation.

Arguments of Both Sides:

Om Prakash Solanki, the petitioner, contended that the office of Deputy Chief Minister has no constitutional provisions, making their swearing-in and subsequent duties unconstitutional. The petitioner’s counsel argued against the allotment of work or facilities to Deputy Chief Ministers, asserting that their oaths were contrary to constitutional tenets.

On the contrary, Additional Solicitor General R.D Rastogi, representing the Central Government, cited well-settled legal precedents, including K.M. Sharma v. Devi Lal & Others and Devidas S/o Venkatrao Pawar v. Shri Gopinath Mundhe and Others. The argument highlighted that Schedule III(V) prescribes the form for administering oaths to ministers, and the designation of Deputy Chief Minister does not vitiate the oath as long as the constitutional requirements are met.

Court’s Judgement:

The Rajasthan High Court, led by Acting Chief Justice Manindra Mohan Shrivastava and Justice Shubha Mehta, dismissed the PIL, describing it as a classic example of a frivolous petition seeking cheap publicity. The court emphasized the petitioner’s lack of specific averments and vagueness in the pleadings. It ruled that the swearing-in of Deputy Chief Ministers aligns with constitutional provisions, specifically Schedule III(V), and the designation does not confer additional powers beyond those of a minister.