HC Notice on Plea Challenging Haryana Cabinet Expansion

• 03 Apr 2024

Why in News?

Recently, the Punjab and Haryana high court sought a response from the Centre and Haryana government on a Public Interest Litigation (PIL) challenging the cabinet expansion by the Nayab Singh Saini government in Haryana.

Key Points

• As per the plea, the state has 90 members House, and that council of ministers can’t exceed 13 (15%) of the total strength as per Article 164 of the Constitution of India.
  • Article 164 envisages that the Chief Minister shall be appointed by the governor.
• The PIL alleges Saini appointed five as ministers on 12th March, when he also took oath as chief minister and eight more on 19^th March.
  • The addition of eight more in the council of ministers is illegal, void and unconstitutional under the Representation of People Act, 1951.

Public Interest Litigation (PIL)

• It is the use of the law to advance human rights and equality, or raise issues of broad public concern.
• The concept of “Public Interest Litigation” has been borrowed from the American Jurisprudence.
• In Indian law, PIL means litigation for the protection of Public Interest. It is Litigation introduced in a court of Law, not by the aggrieved party but by the court itself or by any other private party.
  • It is the power given to the public by courts through Judicial activism.
• It can be filed only in the Supreme Court or the High Court.
• It is different from Writ Petition, which is filed by individuals or institutions for their own benefit, whereas PIL is filed for the benefit of the general public.
• The concept of PIL is suited to the Principles enshrined in Article 39 A of the Constitution of India to protect and deliver prompt Social Justice with the help of Law.
• Areas where PIL can be filed: Pollution, Terrorism, Road safety, Constructional hazards etc.