Himachal HC nullifies 2006 law permitting appointment of MLAs as parliamentary secys
- The high court bench of Justice Vivek Singh Thakur and Justice Bipin Chander Degi also set aside the appointment of six Congress MLAs parliamentary secretaries (appointed in January 2023).
The Himachal Pradesh High Court on Wednesday nullified the 2006 law that permitted the government to appoint MLAs as parliamentary secretaries, reported LiveLaw.
The high court bench of Justice Vivek Singh Thakur and Justice Bipin Chander Degi also set aside the appointment of six Congress MLAs parliamentary secretaries (appointed in January 2023). The bench termed the same to be 'illegal', 'unconstitutional' and 'void ab initio', the report added.
“Since the impugned Act is void ab initio therefore respondents No.5 to 10 in CWP No.2507 of 2023 are usurpers of public office right from their inception and thus, their continuance in the office, based on their illegal and unconstitutional appointment, is completely impermissible in law. Accordingly, from now onwards, they shall cease to be holder of the office(s) of Chief Parliamentary Secretaries with all the consequences,” LiveLaw quoted High Court's operative portion of the order as reading.
The divisional bench order arrived during the hearing with a bunch of pleas, including by 12 State BJP MLAs challenging the State Legislature's competence to enact the law in question.
The bench referred to the Apex Court's Judgment in the case of Bimolangshu Roy v. State of Assam & Anr wherein the Assam Parliamentary Secretaries Act, 2004 was struck down as Unconstitutional by holding that the Assam Legislature lacked the competence to enact the law, added the report.
Other observations:
The Himachal Pradesh HC also observed that the impugned Act violated the mandatory constitutional restrictions imposed by Article 164(1-A) concerning cabinet size.
They noted that the distinction attempted to be portrayed between Chief Parliamentary Secretary/Parliamentary Secretary and Minister was artificial.
The bench observed Parliamentary Secretaries had access to official files, could participate in government decision-making, and were given perks similar to those of ministers.
After making all the judgements, the court directed the Chief Secretary to the Government and all others concerned to ensure the implementation of the judgment in letter and spirit forthwith.
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Business NewsNewsIndiaHimachal HC nullifies 2006 law permitting appointment of MLAs as parliamentary secys
First Published:13 Nov 2024, 08:00 PM IST
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