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Despite the absence of any clear provision for the post of Deputy Chief Minister in the Indian Constitution, the oath given to Sunetra Pawar as Deputy Chief Minister by the Governor of Maharashtra has been seriously objected to as illegal by a lawyer from Wardha. Advocate Harshvardhan Godghate has directly written to Governor Acharya Devvrat raising constitutional issues in this regard. This letter has caused a major stir in the state's politics and legal circles, and everyone is now focused on what decision the Governor will make. After the tragic demise of Ajit Pawar, Sunetra Pawar was appointed as the leader of the legislative group by the Ajit Pawar faction of the Nationalist Congress Party. Subsequently, on the recommendation of the Chief Minister, the Governor administered the oath of office to her as Deputy Chief Minister. This gave Sunetra Pawar the honor of becoming Maharashtra's first female Deputy Chief Minister. However, this historic moment is now caught in the whirlpool of constitutional controversy.
Adv. Harshvardhan Godghate has raised an objection in a letter to the Governor, citing Article 164 of the Indian Constitution. According to this article, the Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the advice of the Chief Minister. However, he claims that the Constitution does not mention a separate position of 'Deputy Chief Minister' anywhere. Additionally, the third schedule of the Constitution provides a specific format for the oath of office and secrecy for ministers. This format mentions the position of 'Minister', not 'Deputy Chief Minister'. However, during Sunetra Pawar's swearing-in, she twice stated, “I am taking the oath of the position of Deputy Chief Minister,” raising the issue that this swearing-in could be deemed unconstitutional, as claimed by Godghate.
According to their letter, instead of swearing in Sunetra Pawar as Deputy Chief Minister, she should be sworn in as a minister, and then the responsibility of the departments given by the Chief Minister should be entrusted to her, which will be the constitutional process. Otherwise, there is a possibility that this appointment may be challenged in court in the future. This issue has now raised an important question — will Sunetra Pawar have to take the oath of office again? Also, the political circles are keenly watching whether the Governor takes note of this letter and makes any decision regarding the swearing-in. This dispute arising from constitutional matters cannot be denied the possibility of giving a new turn to Maharashtra's politics.
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