SHIMLA: In a landmark ruling, the Himachal Pradesh High Court has declared the appointment of Chief Parliamentary Secretaries (CPS) below the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Amenities) Act, 2006, as unconstitutional. This resolution mandates the instant withdrawal of all CPS positions and related privileges, halting any additional functioning of CPSs of their present capability inside the authorities.
The state authorities of Himachal Pradesh and CPS would problem it within the apex court docket. 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. According to the bench, “The Chief Parliamentary Secretary and Parliamentary Secretary’s appointment, salaries, allowances, power, privilege, and amenities under the 2006 Act are void.”
This resolution 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 below the 2006 Act breached constitutional provisions and bypassed procedural norms. Advocate Veerbahadur Verma, representing the BJP petitioners, acknowledged, “The 10 BJP MLAs under the leadership of Satpal Sati had challenged the recruitment of CPSs, which was done according to an Act of 2006, in the court. The court has admitted that the 2006 Act was unconstitutional. The HC has also ordered the withdrawal of the CPS facilities immediately… If the other side decides to go to the SC, they will not get any relief there also. The act has been repealed,” Verma mentioned.
The resolution is anticipated to have far-reaching implications, because the court docket 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 court docket’s stance, Himachal Pradesh High Court Advocate General Anup Kumar Rattan commented, “The petition challenging CPS has been accepted by the HC and ordered the removal of Chief Parliamentary Secretaries and Parliamentary Secretaries from their posts.”
All their services have additionally been repealed. The court docket 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 the core points highlighted by the petitioners was the disparity between CPS salaries and people of ministers, which was largely erased below the Act, successfully granting CPSs related privileges and standing.
Advocate General Rattan additionally famous referring to the case of Asam, “There was a difference of at least 13,000 to 15,000 rupees between the salary of the Parliamentary Secretary and the salary of the Minister… But the court said that it has been made fictional in the Himachal Act, whereas actually, they are doing the work of a minister. But in actuality our act is different and they don’t act as ministers. As far as the withdrawal of facilities I have conveyed it to the state government.”
Further complicating the matter, related laws governing CPSs is below assessment in states similar to Bengal, Punjab, and Chhattisgarh. Rattan indicated {that a} problem is more likely to be filed within the Supreme Court, referencing related pending circumstances. “There is a provision for filing an SLP [Special Leave Petition] in the Supreme Court and converting it into a civil appeal… the judgment of Bengal, Punjab, Chhattisgarh is also pending there,” he mentioned, including {that a} Supreme Court resolution on this matter might have broad implications for CPS appointments in a number of states.
With the High Court’s order in impact, Himachal Pradesh’s state authorities should comply by ceasing all CPS capabilities and advantages. As this case proceeds to greater 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 Assembly Constituency, Mohan Lal Brakta from Rohru Assembly Constituency in Shimla district, Ram Kumar Chaudhary from Doon Assembly Constituency in Solan district, Ashish Butail from Palampur Assembly Constituency, Kishori Lal from Baijnath Assembly Constituency in Kangra district, and Sanjay Awasthi from Arki Assembly Constituency in Solan district.
The appointment of chief parliamentary secretaries was challenged within the High Court by 10 BJP MLAs and a person petitioner had challenged the appointments of CPS within the court docket.
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