Key Points

A public interest petition challenging the move was heard on Friday by a division bench of the High Court led by Chief Justice Ramesh Kumar Sinha and Justice Bibhu Dutt Guru.

The court has asked the petitioner, Basdev Chakrabarty, to furnish details of his social work and background, etc. However, the bench has also asked the state government to submit its response in an affidavit before the next hearing, scheduled for Tuesday, September 2.

It has also directed the petitioner to provide details of their social service record to establish the public interest nature of the plea. The petition filed by Basdev Chakrabarty has made the chief minister and his entire cabinet party in the matter.

The controversy stems from the swearing-in of three new ministers—Rajesh Agrawal, Guru Khushwant Saheb, and Gajendra Yadav—on August 20, which raised the cabinet’s strength from 11 to 14.

The Chhattisgarh Legislative Assembly has 90 seats, and under Article 164(1A) of the Constitution, the Council of Ministers, including the Chief Minister, cannot exceed 15 per cent of the total strength of the House. That limit comes to 13.5, effectively allowing only 13 ministers.

The Sai government has defended the expansion by citing the “Haryana model,” where a similar 90-member Assembly accommodates 14 ministers.

However, critics argue that without formal approval from the Centre, the move violates constitutional provisions. Former Chief Minister Bhupesh Baghel has called the expansion “unconstitutional” and questioned whether the BJP-led government obtained the necessary clearance.

The Congress has also accused the ruling party of sidelining senior legislators in favour of first-time MLAs, fuelling speculation that one minister may be dropped to bring the cabinet back within legal bounds.

As the legal and political drama unfolds, the High Court’s next hearing could determine whether the Sai government’s cabinet structure stands or is forced to retract. The outcome may not only impact the current composition but also set a precedent for future cabinet formations in states with similar legislative configurations.

- IANS