The Karnataka High Court is set to hear a Public Interest Litigation (PIL) challenging the state government's decision to grant cabinet rank status to 42 legislators. The petition, filed by Bengaluru resident and Karnataka State Pollution Control Board employee Suri Payala, contends that awarding cabinet rank to these Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs) contravenes constitutional provisions and constitutes an 'office of profit'.
The PIL argues that such appointments violate Articles 102 and 191 of the Constitution, which prohibit legislators from holding offices of profit, as well as Article 164(1A), which limits the size of the council of ministers. The petitioner asserts that granting cabinet status to legislators heading state-owned boards and corporations not only breaches these constitutional mandates but also leads to unnecessary governmental expansion and potential neglect of constituency duties.
Senior Advocate J. Sai Deepak, representing the petitioner, emphasized that while appointing legislators as chairpersons of various bodies might not be inherently problematic, bestowing cabinet rank upon them infringes upon constitutional limits designed to maintain governmental efficiency and integrity.
The High Court bench, comprising Chief Justice N.V. Anjaria and Justice M.I. Arun, acknowledged the significance of the issues raised and has scheduled the matter for detailed hearing on February 21. The outcome of this case could have substantial implications for the state's administrative practices and the interpretation of constitutional provisions regarding the separation of powers and prevention of conflicts of interest.
