New Delhi

The Supreme Court of India on Tuesday declined to entertain a petition challenging the Karnataka government's decision to confer cabinet rank on 42 legislators, including MLAs and MLCs appointed as heads of various boards and corporations.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi asked the petitioner to approach the Karnataka High Court by filing a review petition.

“We dispose of this petition with liberty to the petitioner to file a review petition before the high court,” the bench said.

Senior advocate K Parameshwar, appearing for the petitioner, argued that the issue had not been examined by the high court with the seriousness it deserved.

He submitted that the departments concerned did not generate independent revenue and were funded through the Consolidated Fund, making the appointments financially significant.

The apex court was hearing an appeal filed by Suri Payala, an employee of the Karnataka State Pollution Control Board, against a March 4 judgment of the Karnataka High Court dismissing his plea.

In its earlier order, the high court had observed that the petition was not entirely in public interest and appeared to be linked to the petitioner’s own aspirations for certain posts.

“It is settled that a petitioner filing a public interest litigation is required to disclose any possible personal interest in the matter. In this case, the petitioner failed to make full disclosure,” the high court had noted.

The plea challenged the Karnataka government’s decision to grant cabinet status to legislators heading boards and corporations, arguing that the move resulted in financial benefits such as enhanced salaries, official vehicles, drivers, fuel allowances, house rent allowance and medical reimbursements.

According to the petitioner, such appointments amounted to holding an “office of profit” and violated Article 191 of the Constitution, which deals with disqualification of legislators.

The petition argued that while appointing legislators as heads of boards and corporations may not itself be objectionable, granting them cabinet rank violated Article 164(1A) of the Constitution, which limits the size of the council of ministers.

The plea further pointed out that on January 26, 2025, the Karnataka government issued an order extending cabinet rank to 34 legislators in addition to eight who already enjoyed such status.

It also alleged violations of Articles 102, 191 and 164 of the Constitution, along with provisions of the Representation of the People Act, 1951 and the Karnataka Legislature (Prevention of Disqualification) Act, 1956.

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The petitioner contended that allowing such appointments could set a problematic precedent by encouraging legislators to seek additional offices and benefits, potentially affecting legislative integrity and public confidence.