A public interest lawsuit has been filed against Rajasthan Deputy Chief Ministers Diya Kumari and Prem Chand Bairwa amid claims that there is no mention of these posts in the Constitution.

“I have filed a public interest litigation against Rajasthan Deputy Chief Ministers Diya Kumari and Prem Chand Bairwa…there is no mention of Deputy Chief Minister’s posts in the Constitution; this is just a political post and it is unconstitutional,” Advocate Om Prakash Solanki said, speaking to reporters on Saturday.
As per constitutional provisions, Deputy CM is a political post, and it’s not a constitutional post like Vice President of India.
Its origin can be traced to the post of Deputy Prime Minister which was appointed in 1947 post-independence, Sardar Vallabhai Patel is the first Deputy PM of India.
This led to the development of post of Deputy CM in India.
During the absence of the chief minister, the DY CM may chair cabinet meetings and lead the assembly majority. The DY CM takes the oath of secrecy in line with the one that the chief minister takes.

Diya Kumari and Prem Chand Bairwa were sworn in as Deputy Chief Ministers of the state on Friday. Kumari assumed her office and greeted Chief Minister Bhajan Lal Sharma, Union Minister Gajendra Singh Shekhawat and former Chief Minister Vasundhara Raje.
Soon after taking charge as the Rajasthan Deputy Chief Minister, Bharatiya Janata Party (BJP) MP Diya Kumari said that the people of the state have expressed faith in the party so the responsibilities will increase and the government will try to shoulder the responsibilities well.

“The people of Rajasthan have expressed their trust in the BJP and in PM Modi so our responsibility increases too and we will try to shoulder it well,” Kumari said while speaking to the reporters.

Attacking the previous Congress government, Diya Kumari said, “No development has been done in Rajasthan for five years; no work was done here. Crimes against women increased, law and order collapsed, and the state’s financial condition was poor–everyone knows the condition of Rajasthan.”

“All of us will work together as our Chief Minister will guide us…It will be our priority to effectively implement the Central Government’s schemes in the state,” she added.
Diya Kumari, who is part of the erstwhile royal family of Jaipur, won from the Vidyadhar Nagar constituency in Jaipur against Congress’ Sitaram Agarwal with a margin of 71,368 votes.
Rajasthan Deputy Chief Minister, Prem Chand Bairwa, said on Friday that he never had any expectations that the BJP would give him a ticket to contest elections, adding that he would honestly work for the state.
Speaking to ANI, Prem Chand Bairwa said, “I never had any expectations for a ticket or for this post. Whatever responsibility the party gives me, I do it with full honesty.”
Stating that Rajasthan has gone backwards under the Congress, Bairwa said, “Under Congress’s rule in the last five years, Rajasthan has gone backwards. They have cheated the people of Rajasthan.”
Prem Chand Bairwa, the sitting BJP MLA from the Dudu constituency in Rajasthan, secured victory in the 2023 Rajasthan Assembly Election, defeating Congress candidate Babulal Nagar with a margin of 35,743 votes.