The SC refused to entertain a plea challenging the Karnataka government's decision to grant cabinet rank to 42 legislators, including MLAs and MLCs as heads of various boards and corporations.
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked the petitioner to file a review petition before the high court.
Senior Advocate K Parameshwar said that the department has no money of its own as it comes from the consolidated fund of India.
The Supreme Court on Tuesday refused to entertain a plea challenging the Karnataka government's decision to grant cabinet rank to 42 legislators, including MLAs and MLCs as heads of various boards and corporations.
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked the petitioner to file a review petition before the high court.
"We dispose of this petition with the liberty to the petitioner to file a review petition before the high court," the bench said.
Senior advocate K Parameshwar, appearing for the petitioner, submitted that this matter didn't receive the seriousness with which it should have been considered by the high court.
He said the department has no money of its own as it comes from the consolidated fund of India.
The top court was hearing an appeal filed by Suri Payala, who works with the Karnataka State Pollution Control Board, challenging the March 4 order of the Karnataka High Court which dismissed his plea.
"We also find merit in the contention that the present petition is not entirely in public interest, but is also occasioned by the petitioner's aspirations for certain posts. It is settled that the petitioner, who seeks to file a public interest litigation, is bound to disclose his possible interest in the litigation. In this case, the petitioner has failed to make the full disclosure as required," the high court had said.
The plea 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.
The petition said it constitutes an "office of profit" and contravenes Article 191 of the Constitution, which disqualifies legislators from holding such positions.
The petitioner asserted that appointing Members of the Legislative Assembly (MLAs) and Members of the Legislative Council (MLCs) 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 submitted.
The plea highlights that on January 26, 2025 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.
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.
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.
