The Delhi High Court has agreed to consider a Public Interest Litigation (PIL) that challenges the current cap on the number of Council of Ministers in the National Capital Territory (NCT) of Delhi, demanding parity with other Indian states under Article 164(1) of the Constitution of India.
The PIL has been filed by petitioner Aakash Goel, who has pointed out that Delhi currently has only 7 ministers to oversee 38 ministries, even though the Legislative Assembly comprises 70 Members of Legislative Assembly (MLAs). In contrast, states like Goa and Sikkim, with only 40 and 32 MLAs respectively, have at least 12 ministers each.
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"This is by far the lowest number of ministers in any state," the petition states, highlighting the imbalance in governance structure for Delhi.
The matter was taken up by a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, who remarked that the issue requires consideration and listed it for a further hearing on July 28.
"The challenge raised in this matter is not so much about the principle of federalism, but rather a question under Article 14 (Right to Equality) of the Constitution of India," the Court noted.
However, the Bench also emphasized that Delhi has a unique constitutional setup, unlike any other Indian state. The Chief Justice stated:
"If the status of Delhi as a standalone state is upheld, how can you compare Delhi with other States? Please try to understand…. The way Delhi is governed under the constitutional scheme is different than the way other States are governed."
He elaborated further that Delhi’s governance involves a shared power structure between the Central Government and the State Government, even over subjects typically reserved for states.
"If this unique constitutional status of Delhi is accepted, how can you compare any constitutional arrangement here with constitutional arrangement made in other states? Therefore, Article 14 challenge—how far it can stand—[is to be seen].”
The petition specifically challenges the constitutional validity of Section 2(4) of the Constitution (Sixty-Ninth Amendment) Act, 1991, and Article 239AA, which limit Delhi's Council of Ministers to 10% of the total strength of its Legislative Assembly.
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Petitioner Aakash Goel argues that this restriction is arbitrary, discriminatory, and violates the Basic Structure of the Constitution, undermining key principles such as federalism, democratic governance, and administrative efficiency.
The plea highlights several governance issues caused by the current setup:
- Administrative bottlenecks
- Delays in policy execution
- Burden on existing ministers
- Overall inefficiencies in governance
It argues that such a small number of ministers is insufficient to manage a complex and heavily populated territory like Delhi.
"Other states enjoy a more adequately represented Council of Ministers, but Delhi, despite having its own Legislative Assembly and an elected government, lacks equivalent executive capacity," the PIL states.
The petitioner further contends that increasing the number of ministers is crucial to uphold the principles of fair representation, administrative efficiency, democracy, and federalism.
"In light of these judicial precedents, petitioner prays that the Government of NCT of Delhi is treated on par with other States by increasing the permissible number of Ministers in accordance with Article 164(1A),” the PIL reads.
The PIL has been filed through Advocate Kumar Utkarsh and was heard briefly, but the Court has not yet issued any formal notice. The next hearing is scheduled for July 28, during which the matter will be examined in further detail.
"The way Delhi is governed under the constitutional scheme is different than the way other States are governed."
— Chief Justice Devendra Kumar Upadhyaya
"This is not a federalism issue, but a challenge under Article 14 of the Constitution."
— Delhi High Court Observation
"Such a step is essential to enhance administrative efficiency, ensure fair representation, and uphold the fundamental principles of democracy, federalism, and good governance."
— PIL Filed by Aakash Goel
The PIL has been filed through Advocate Kumar Utkarsh.
Title: Aakash Goel v. Union of India & Ors.
