Hyderabad: The Hyderabad High Court on Tuesday asked the TS advocate-general to explain to the court by next week whether conferring Cabinet rank on ministers and classification of ministers as minister of state or minister with independent charge is done under a law or in accordance with business rules or is it a general practice. A division bench comprising Acting Chief Justice Ramesh Ranganathan and Justice Shameem Akhter, while dealing with a PIL by TD MLA A. Revanth Reddy challenging the conferring of Cabinet rank status on advisers and special representatives to the government and chairmen of various government corporations, requested A-G K. Ramakrishna Reddy to assist the court in this case.
L. Ravichander, senior counsel appearing for the petitioner, contended that Article 164 (1A) of the Constitution has imposed a ceiling of 15 per cent of the total strength of Legislative Assembly on ministers who enjoy the status of Cabinet rank. He reminded that the High Court earlier had found fault with the TS government in conferring the Cabinet rank on Parliamentary Secretaries.
At this juncture, the bench asked counsel whether these Cabinet rank holders participate in the Cabinet meeting. Saying that they were not allowed to participate in Cabinet meetings, he said conferment of Cabinet rank enables chairmen, advisors and special representatives to draw various perquisites from the state exchequer on par with Cabinet ministers which results in huge loss to exchequer.
He said that earlier too, a PIL was filed on a similar issue, but the petitioner later joined the TRS which is the ruling party in the state. Reacting to the submission, the bench said “that’s why these types of PILs have to be treated as personal interest litigations instead public interest litigations.” Pointing out that it was apparent that the government was acting beyond the permissible limits of the Constitution; the bench asked counsel whether there is any definition available for the word ‘Cabinet’ in the Constitution. Mr Ravichander replied there was none.
The bench then told counsel to place before the court if there are any guidelines or procedure or legal parameters available in this regard and also whether there any eligibility criteria is prescribed for a person to hold Cabinet rank or not by next date of hearing.
