Following the recent and tragic death of Deputy Chief Minister Ajit Pawar in a plane crash, Sunetra Pawar is poised to take over his role, sparking discussions about the constitutional feasibility of holding such a position without being a Member of the Legislative Assembly (MLA). Sources indicate that Sunetra Pawar is expected to be sworn in as Maharashtra's Deputy CM on Saturday.

Constitutional Provisions and Precedents

The Indian Constitution permits an individual to be appointed as a minister, including Chief Minister or Deputy Chief Minister, without being a member of the state legislature. Article 164(4) of the Constitution stipulates that a minister who is not a member of the legislature must get elected within six months of assuming office; otherwise, they must step down.

There are several instances in Indian political history where individuals have held the position of Chief Minister without being a member of the Legislative Assembly at the time of their appointment. In 2011, Mamata Banerjee, despite not being an MLA, took oath as the Chief Minister of West Bengal. Similarly, Uddhav Thackeray became the Chief Minister of Maharashtra in 2019 without being a legislator. He later became a Member of the Legislative Council (MLC) to fulfill the constitutional requirement. Other examples include Uttarakhand's Tirath Singh Rawat and Uttar Pradesh's Yogi Adityanath, who were not MLAs when they assumed their respective offices.

Sunetra Pawar's Case

Sunetra Pawar is currently a Rajya Sabha MP. This means that while she is a member of the Parliament of India, she is not a member of the Maharashtra state legislature. As such, upon being sworn in as Deputy Chief Minister, she will have six months to become a member of either the Legislative Assembly or the Legislative Council. The Baramati assembly seat is currently vacant, due to her husband's passing.

Political Implications

The decision to appoint Sunetra Pawar as Deputy Chief Minister is seen by some as a move to provide continuity for the NCP faction led by her late husband and stabilize the coalition government. According to sources, she is expected to receive the Excise and Sports portfolios in the Maharashtra cabinet. However, NCP-SP supremo Sharad Pawar stated he had no knowledge of Sunetra's appointment, while CM Fadnavis has pledged his support to the NCP's decision.

Sunetra Pawar previously contested the Lok Sabha elections in 2024 from Baramati but was defeated by her sister-in-law, Supriya Sule. She was later elected to the Rajya Sabha. According to Damania, the BJP has positioned her as a control point in the NCP, potentially influencing discussions about a possible merger of the two NCP factions.

With Sunetra Pawar's impending swearing-in, Maharashtra is poised to witness a significant shift in its political landscape. The move has stirred discussions about the role of dynastic politics, the representation of women in leadership positions, and the ever-evolving dynamics of coalition governance in the state.