In a significant ruling, the Himachal Pradesh High Court has declared the HP Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act of 2006 unconstitutional, quashing the law that allowed the state government to appoint Members of Legislative Assembly (MLAs) as parliamentary secretaries.
The Bench, led by Justices Vivek Singh Thakur and Bipin Chander Degi, stated that the law exceeded the legislative competence of the state and violated constitutional provisions, particularly Article 164(1-A), which governs the size of a cabinet. The ruling also nullified the appointment of six Congress legislators as chief parliamentary secretaries.
Citing a previous Supreme Court decision that struck down a similar law in Assam, the court noted that the functions of parliamentary secretaries were ancillary to those of Cabinet Ministers. The law’s provisions, including the oath of office and secrecy, access to official files, and roles akin to those of ministers, were deemed to circumvent constitutional restrictions.
The Court emphasized that while parliamentary secretaries lacked ministerial powers, their duties and privileges, such as access to political executive offices and involvement in government decision-making, closely mirrored those of ministers. This led the court to conclude that the distinction between parliamentary secretaries and ministers was artificial, resulting in the law being quashed.
In its order, the court also stated that those appointed under the law were holding their positions illegally, mandating their immediate removal. The ruling reinforces the constitutional principle that governmental appointments must adhere strictly to established legal frameworks.
The government has been instructed to enforce the judgment promptly and ensure its full compliance.
Satpal_Singh_Satti___others_vs_State_of_Himachal_Pradesh___Others
