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Shimla,Nov 20,
The High Court of Himachal Pradesh has quashed the appointments of Chief Parliamentary Secretaries (CPS) appointed by the Chief Minister of the state. The court ruled that the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006 is unconstitutional and beyond the competence of the state legislature.
The judgement was passed in a case filed by People for Responsible Governance (PERGO), a society registered under the provisions of Himachal Pradesh Societies Registration Act.
The petitioner had challenged the appointment of CPSs on the grounds that the legislature did not have the authority to enact such a law and that the appointments violated the provisions of the Constitution.
The division bench of justice Vivek Singh Thakur and Justice Bipin Negi observed that a similar issue had already been decided by a division bench in November 2024. In that case, the court had quashed the same Act and declared all appointments of CPSs to be illegal and unconstitutional.
The court further stated that since the Act is void ab initio, the CPSs are “usurpers of public office” and are not entitled to any protection under the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971. The court directed the state government to ensure the implementation of this judgement immediately.
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This judgement is a significant development for the state of Himachal Pradesh. It effectively nullifies all appointments of CPSs made under the 2006 Act. The judgement also clarifies that the state legislature does not have the power to enact laws that create new offices or positions that are not recognized by the Constitution.
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