Himachal High court bars six CPS from cabinet rank facilities

The Himachal Pradesh High Court today directed the state government to refrain from providing benefits and facilities to six Chief Parliamentary Secretaries (CPS) on par with Cabinet rank ministers. The court ruled that these CPS individuals cannot perform the role of ministers and should relinquish their duties.

During a press conference, the petitioner’s counsel, Senior Counsel Satya Jain, stated that the division bench, consisting of Justice Vivek Singh Thakur and Justice Sandeep Sharma, issued an interim order preventing the six CPS from receiving salaries and other benefits equivalent to those provided to Cabinet rank ministers. The court cited Article 164 of the Indian Constitution, emphasizing that the size of the council of ministers should not exceed 15 percent of the legislature. The court deemed it a violation of this article for the CPS to enjoy the same privileges as Cabinet ministers.

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Jain highlighted that the petitioner referred to a Supreme Court judgment related to a similar appointment in Assam, which resulted in the annulment of the appointment. Similar appointments in the states of Manipur, Punjab, and Delhi were also struck down by the court, as per the material presented before the court.

The interim order clarified that the appointment of CPS could not be deemed constitutional, and they should not be allowed to enjoy the benefits provided to other ministers under Article 164.

Jain mentioned that the court has reserved the final verdict in the matter, with the detailed final order expected on March 12, 2024. Chief Minister Sukhu had appointed CPS individuals, namely Sanjay Awasthi from Arki, Sundar Singh Thakur from Kullu, Ram Kumar from Doon, Mohan Lal Barakta from Rohru, Ashish Butel from Palampur, and Kishori Lal from Baijnath.

Deputy Chief Minister Mukesh Agnihotri and senior officers of Rajbhavan and the state government were also parties in the petition filed by the 11 BJP MLAs. The Deputy Chief Minister was removed from the case as the petitioner did not insist on his involvement, and the high court disassociated him from the proceedings.