Himachal Pradesh High Court Ruling on Chief Parliamentary Secretaries
The Himachal Pradesh High Court has ruled that the appointment of Chief Parliamentary Secretaries (CPS) under the 2006 Act is unconstitutional. This decision requires the immediate removal of all CPS positions and their privileges. The ruling was made by Justices Vivek Singh Thakur and Bipin Singh Negi, who found the Act lacked constitutional validity.
The challenge was initiated by ten BJP MLAs, led by Satpal Sati, who argued that the 2006 Act violated constitutional provisions. Advocate Veerbahadur Verma, representing the BJP petitioners, stated that the court acknowledged the Act’s unconstitutionality and ordered the withdrawal of CPS facilities.
Himachal Pradesh Advocate General Anup Kumar Rattan explained that the state assembly lacked the authority to enact the 2006 legislation, which equated CPS roles to those of ministers. The court’s decision highlights the disparity in salaries and privileges between CPSs and ministers.
The state government plans to challenge the ruling in the Supreme Court, as similar legislation is under review in other states like Bengal, Punjab, and Chhattisgarh. The outcome could have significant implications for CPS appointments across India.
In January 2023, six Congress MLAs were appointed as CPSs, including Sunder Singh Thakur, Mohan Lal Brakta, Ram Kumar Chaudhary, Ashish Butail, Kishori Lal, and Sanjay Awasthi. The appointments were contested by BJP MLAs and an individual petitioner.
Doubts Revealed
Himachal Pradesh -: Himachal Pradesh is a state in northern India, known for its beautiful mountains and scenic landscapes. It is a popular tourist destination.
High Court -: A High Court is a major court in India that deals with important legal cases. Each state in India has its own High Court.
Chief Parliamentary Secretaries -: Chief Parliamentary Secretaries (CPS) are officials appointed to assist ministers in their duties. They are not elected but are given roles similar to ministers.
Unconstitutional -: Unconstitutional means something that is not allowed by the constitution, which is the set of rules that guides how a country is governed.
2006 Act -: The 2006 Act refers to a law made in 2006 that allowed the appointment of Chief Parliamentary Secretaries in Himachal Pradesh.
BJP MLAs -: BJP MLAs are members of the legislative assembly from the Bharatiya Janata Party, a major political party in India.
Satpal Sati -: Satpal Sati is a politician from the BJP who, along with other MLAs, challenged the appointment of CPS in court.
Supreme Court -: The Supreme Court is the highest court in India. It has the final say on legal matters and can overrule decisions made by lower courts.