SHIMLA: In a landmark ruling, the Himachal Pradesh Excessive Court docket has declared the appointment of Chief Parliamentary Secretaries (CPS) underneath the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Facilities) Act, 2006, as unconstitutional. This choice mandates the speedy withdrawal of all CPS positions and related privileges, halting any additional functioning of CPSs of their present capability throughout the authorities.
The state authorities of Himachal Pradesh and CPS would problem it within the apex courtroom. The order was pronounced by a division bench consisting of Justice Vivek Singh Thakur and Justice Bipin Singh Negi, who dominated that the Act lacked constitutional validity. In accordance with the bench, “The Chief Parliamentary Secretary and Parliamentary Secretary’s appointment, salaries, allowances, energy, privilege, and facilities underneath the 2006 Act are void.”
This choice comes after a authorized problem initiated by ten BJP MLAs, led by Satpal Sati, together with one other particular person, who argued that the appointments granted underneath the 2006 Act breached constitutional provisions and bypassed procedural norms. Advocate Veerbahadur Verma, representing the BJP petitioners, acknowledged, “The 10 BJP MLAs underneath the management of Satpal Sati had challenged the recruitment of CPSs, which was accomplished in response to an Act of 2006, within the courtroom. The courtroom has admitted that the 2006 Act was unconstitutional. The HC has additionally ordered the withdrawal of the CPS amenities instantly… If the opposite facet decides to go to the SC, they won’t get any aid there additionally. The act has been repealed,” Verma mentioned.
The choice is predicted to have far-reaching implications, because the courtroom emphasised that the state meeting didn’t have the authority to enact the 2006 laws, which equated CPSs’ roles and advantages practically to these of ministers. Explaining the courtroom’s stance, Himachal Pradesh Excessive Court docket Advocate Common Anup Kumar Rattan commented, “The petition difficult CPS has been accepted by the HC and ordered the removing of Chief Parliamentary Secretaries and Parliamentary Secretaries from their posts.”
All their amenities have additionally been repealed. The courtroom mentioned the state meeting had no energy to carry this act. CPSs will problem this order of the HC within the SC,” Anup Kumar Rattan mentioned. One of many core points highlighted by the petitioners was the disparity between CPS salaries and people of ministers, which was largely erased underneath the Act, successfully granting CPSs related privileges and standing.
Advocate Common Rattan additionally famous referring to the case of Asam, “There was a distinction of not less than 13,000 to 15,000 rupees between the wage of the Parliamentary Secretary and the wage of the Minister… However the courtroom mentioned that it has been made fictional within the Himachal Act, whereas truly, they’re doing the work of a minister. However really our act is completely different and so they do not act as ministers. So far as the withdrawal of amenities I’ve conveyed it to the state authorities.”
Additional complicating the matter, related laws governing CPSs is underneath assessment in states similar to Bengal, Punjab, and Chhattisgarh. Rattan indicated {that a} problem is prone to be filed within the Supreme Court docket, referencing related pending instances. “There’s a provision for submitting an SLP [Special Leave Petition] within the Supreme Court docket and changing it right into a civil attraction… the judgment of Bengal, Punjab, Chhattisgarh can also be pending there,” he mentioned, including {that a} Supreme Court docket choice on this matter may have broad implications for CPS appointments in a number of states.
With the Excessive Court docket’s order in impact, Himachal Pradesh’s state authorities should comply by ceasing all CPS features and advantages. As this case proceeds to increased courts, the present judgment has underscored constitutional limitations on state assemblies and redefined the boundaries of CPS appointments throughout India.
In January 2023, the Himachal authorities appointed six Congress MLAs to function chief parliamentary secretaries. The appointees included Sunder Singh Thakur representing Kullu Meeting Constituency, Mohan Lal Brakta from Rohru Meeting Constituency in Shimla district, Ram Kumar Chaudhary from Doon Meeting Constituency in Solan district, Ashish Butail from Palampur Meeting Constituency, Kishori Lal from Baijnath Meeting Constituency in Kangra district, and Sanjay Awasthi from Arki Meeting Constituency in Solan district.
The appointment of chief parliamentary secretaries was challenged within the Excessive Court docket by 10 BJP MLAs and a person petitioner had challenged the appointments of CPS within the courtroom.
