HP Parliamentary Secretaries Act, 2006 | 14 Nov 2024

Source: IE

The Himachal Pradesh High Court (HP HC) recently quashed the HP Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act (HPPSA), 2006 which had allowed the state government to appoint Members of the Legislative Assembly (MLAs) as Chief Parliamentary Secretaries (CPS).

The Court ruled that the HPPSA, 2006, was beyond the legislative competence of the State Legislature, making the law unconstitutional.
The HPPSA, 2006, was found to violate Article 164(1-A), which limits the size of a cabinet and its composition.
- Article 164(1-A) states that the total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed 15%.
The Court noted that CPS performed tasks similar to ministers, with similar perks, access to official files, and involvement in decision-making, despite lacking formal powers.
Additionally, the "office of profit" clause prevents public office holders from using their position to gain additional benefits. The creation of positions like CPS, when not backed by constitutional provision, is seen as a violation of this clause.
The Court emphasised that the difference between ministers and parliamentary secretaries was artificial and went against constitutional rules.
The HP HC ordered the government to immediately end the CPS appointments and revoke all associated privileges.
Earlier, the Supreme Court has consistently struck down the creation of parliamentary secretary posts in states like West Bengal, Punjab, Goa, and Assam, ruling them unconstitutional for bypassing the 15% ceiling on the Council of Ministers.