Karnataka High Court Dismisses Minister Count Challenge, Fines Petitioner

The Karnataka High Court has dismissed a public interest litigation (PIL) that challenged the constitutionality of Chief Minister DK Shivakumar's newly formed council of ministers. The court not only threw out the plea but also imposed a fine of ₹50,000 on the petitioner, deeming the case a "publicity stunt" and a "waste of judicial time."

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The present petition is premised on an erroneous ground that the number of ministers, including the chief minister, in a council of ministers cannot be less than 12% of the total members of the Karnataka legislature.

The PIL, filed by Hubballi resident Mangalappa Hullikeri, sought the dissolution of the 14-member council sworn in on June 3. The petitioner argued that the cabinet size violated Article 164(1A) of the Indian Constitution, which governs the maximum and minimum number of ministers in a state cabinet. Hullikeri contended that the council should have at least 24 ministers, not 14, based on a misinterpretation of the constitutional clause.

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A plain reading of the proviso to Article 164(1A) of the Constitution of India states that the number of ministers, including the chief minister, in a state shall not be less than 12.

A bench comprising Chief Justice Vibhu Bakhru and Justice KS Hemalekha clarified that the petition was based on a fundamental misunderstanding of Article 164(1A). The article stipulates that the number of ministers, including the chief minister, shall not exceed 15% of the legislative assembly's strength, but crucially, it also states the number shall not be less than 12. The petitioner mistakenly interpreted the minimum requirement of 12 ministers as 12% of the assembly's total members.

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14 is greater than 12 or lesser than 12? You yourself are saying it is 14 members. How can 14 be less than 12? What has the total strength of the assembly got to do with this proviso? The proviso says they shall not be less than 12. It does not say 12%. There is no per cent there. It is 12.

"The proviso to Article 164(1A) of the Constitution of India states that the number of ministers, including the chief minister, in a state shall not be less than 12," the court stated. "You yourself are saying it is 14 members. How can 14 be less than 12?" The court directed the petitioner to deposit the fine within two weeks and refused his counsel's request to withdraw the plea, emphasizing its frivolous nature.

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...the present petition is essentially being filed to seek publicity and has resulted in an obvious and unjustifiable imposition on judicial time.