Himachal Pradesh High Court Orders Removal of Six Chief Parliamentary Secretaries
The High Court of Himachal Pradesh has ordered the immediate removal of six Chief Parliamentary Secretaries (CPS) from the state government. This decision was made by a division bench consisting of Justice Vivek Singh Thakur and Justice Bipin Singh Negi. The court has also mandated the withdrawal of all benefits and facilities, including salaries, allowances, and power privileges, from the CPS.
Chief Minister’s Response
Chief Minister Sukhvinder Singh Sukhu stated that the order will be discussed with the cabinet ministers. He mentioned, “I haven’t read the order till now, but if the HC has ordered this then it will be discussed. A discussion will be held with the ministers of the cabinet.”
Legal Challenge and Court’s Decision
The court’s decision came after a legal challenge by 10 BJP MLAs, led by Satpal Sati, and an individual petitioner, Kalpana Devi. They contested the recruitment of CPSs, which was based on a 2006 act. BJP lawyer Advocate Veerbahadur Verma noted that the court found the 2006 act unconstitutional and ordered the immediate withdrawal of CPS facilities.
Advocate General’s Statement
Advocate General Anup Kumar Rattan explained that the state assembly lacked the authority to enact the 2006 act. He stated, “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 All their facilities have also been repealed.”
Background on Appointments
In January 2023, the Himachal government appointed six Congress MLAs as chief parliamentary secretaries. These appointees included Sunder Singh Thakur, Mohan Lal Brakta, Ram Kumar Chaudhary, Ashish Butail, Kishori Lal, and Sanjay Awasthi, representing various assembly constituencies in the state.
Doubts Revealed
Himachal Pradesh High Court -: The Himachal Pradesh High Court is a big building where judges work to make sure everyone follows the laws in the state of Himachal Pradesh, which is a part of India.
Chief Parliamentary Secretaries -: Chief Parliamentary Secretaries are people who help ministers in the government with their work, like assistants. They are appointed to support the ministers in their duties.
Unconstitutionality -: Unconstitutionality means something is not allowed by the main set of rules or laws of a country, called the Constitution. If something is unconstitutional, it means it goes against these important rules.
2006 act -: The 2006 act refers to a specific law or rule that was made in the year 2006. In this case, it is a law related to the appointment of Chief Parliamentary Secretaries.
Justices Vivek Singh Thakur and Bipin Singh Negi -: Justices Vivek Singh Thakur and Bipin Singh Negi are judges who work at the Himachal Pradesh High Court. They are responsible for making decisions on legal matters.
BJP MLAs -: BJP MLAs are members of the legislative assembly from the Bharatiya Janata Party, which is a political party in India. MLAs are elected representatives who make laws for the state.
Individual petitioner -: An individual petitioner is a person who goes to court to ask for a legal decision or to challenge something they believe is wrong. In this case, it is someone who questioned the appointments of the Chief Parliamentary Secretaries.