K N SUBBA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this public interest litigation, the petitioner questions the size of the State Cabinet. According to him, Administrative reforms Committee has suggested that the strength of the cabinet should not exceed 10% of the total strength of the legislative Assembly and Legislative Council; and as per the said suggestion, the strength of the Cabinet should not exceed 30. Instead of following the said guidelines, the second respondent who is the Chief Minister of the State, has formed a cabinet with 45 Ministers. The petitioner feels that such a large cabinet is not required for running the affairs of the State, apart from casting a heavy financial burden on the State Exchequer. He relied on a newspaper report to show the minimum expenditure of 45 Ministers will not be less than Rs. 30 crores per year. He contends that when citizens are suffering for want of civic amenities and the State is facing shortage of funds, having a jumbo sized Cabinet is against public interest, and a large ministry is neither economical nor efficient. He, therefore, wants the Government to evolve a policy restricting the total number of members in a ministry. Hence, he has filed this petition against the State Government and the Chief Minister, for the following reliefs: (a) a direction to the respondents to evolve a policy relating to the formation of the Cabinet by following the guidelines issued by the Administrative Reforms committee; and (b) a mandamus directing the respondents to prune the size of the ministry.

(2.) THERE may be considerable logic and truth in the contentions of the petitioner and the matter requires serious consideration by the Government. It is also a fit matter to be placed before the electorate, as an election issue, a subject for political debate that may be discussed in a citizen's forum or even brought before the Legislature itself. But, it is not a matter for judicial review.

(3.) ARTICLE 163 (1) of the Constitution of India, provides that there shall be a Council of Ministers with the Chief Minister as the head, to aid and advice the Governor in the exercise of his functions. Article 164 (1) provides that Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister and the Ministers shall hold office during the pleasure of the governor. Article 163 (3) provides that the question whether any, and if so, what advice was tendered by Ministers to the Governor shall not be inquired into in any Court. Article 361 provides that the Governor of the State shall not be answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.