New Delhi [India], April 9: A Public Interest Litigation (PIL) has been filed in the Delhi High Court seeking an amendment to Article 239AA of the Constitution to increase the number of ministers in the Government of the National Capital Territory (NCT) of Delhi.
The PIL, filed by social activist Aakash Goel, challenges the constitutionality of Section 2(4) of the Sixty-Ninth Amendment Act of 1991, which restricts Delhi’s ministerial strength to 10% of its Legislative Assembly. Despite Delhi having 70 MLAs, the government can appoint only seven ministers, including the Chief Minister, to manage 38 ministries and 40 portfolios. The petition argues that this cap is outdated, especially given that Delhi’s population has quadrupled in the last 35 years.
Represented by advocates Kumar Utkarsh and Rahul Sagar Sahay, the petitioner contended that the 10% ceiling is “arbitrary, discriminatory, and violative of the Basic Structure of the Constitution,” particularly affecting principles of federalism, democratic governance, and administrative efficiency.
A division bench of Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela heard the matter and raised critical constitutional questions. “Do you need more people or more efficient people?” the bench asked, reflecting on whether administrative effectiveness depends on quantity or quality of ministers.
The Chief Justice emphasized Delhi’s unique constitutional status, highlighting that its governance structure involves a shared power arrangement unlike full-fledged states, raising doubts on the applicability of Article 14 (Right to Equality) in this context.
The petitioner seeks parity with other states under Article 164(1A), which allows up to 15% of the total number of assembly members to be appointed as ministers. The plea argues that enhancing the Council of Ministers in Delhi would ensure fair representation and better governance in line with the Constitution’s ideals.
Sameer Vashisht, the Standing Counsel for the Government of NCT of Delhi, informed the court that the government would examine the issue. While the court acknowledged the importance of the matter, it refrained from issuing formal notice at this stage and scheduled the next hearing for July 28.
The case raises significant constitutional and governance questions, potentially impacting how Delhi’s administration evolves to meet the growing needs of its rapidly expanding population.