Rajasthan

PIL Challenging Oath: PIL Challenging Oath Taken as Deputy CMs – Rajasthan High Court | Jaipur News

Jaipur: A public interest litigation (PIL) challenging the oath taken by Diya Kumari and Prem Chand Bairwa as deputy chief ministers was filed in the Rajasthan High Court on Saturday. The petitioner has termed the oath taken for deputy chief minister’s post as “unconstitutional” as there is no such post mentioned in the Constitution of India. The petitioner has prayed for the cancellation of appointment of deputy chief ministers as it violates the provisions of Constitution of India.
Om Prakash Solanki, a lawyer at the Rajasthan High Court filed the petition on Saturday in which it is stated that oath-taking and appointment of Diya Kumari and Prem Chand Bairwa as deputy CMs is unconstitutional and against the law.
Solanki in his petition has made the governor, chief minister, secretary to the central government, chief secretary, deputy CMs Diya Kumari and Prem Chand Bairwa as parties.
“There is no post of deputy CM anywhere in the Constitution of India, nor is there any provision for appointment to this post. Under Articles 163 and 164 of the Constitution, the governor’s council of ministers is appointed only on the recommendation of the chief minister. Oath is taken only under Article 163 and in it the governor administers the oath to a chief minister and his ministers.
“However, on Friday Diya Kumari and Prem Chand Bairwa took oath as deputy CMs whereas under the Constitution only ministers can take oath. In such a situation, the post of deputy CM is imaginary, and the oath taken by both the deputy CMs is unconstitutional. Therefore, we have prayed that these two posts and appointments should be cancelled by declaring them unconstitutional,” said Solanki.
Solanki added that even Sachin Pilot had taken oath as a minister and not as a deputy chief minister.
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