Shimla, Nov 14,
The Himachal Pradesh government has initiated a legal challenge against a recent High Court verdict that deemed the appointment of six Chief Parliamentary Secretaries (CPS) unconstitutional. The state government has filed a Special Leave Petition (SLP) in the Supreme Court, seeking to overturn the High Court’s decision.
The High Court, in its November 13 judgment, declared the 2006 Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Amenities) Act invalid. The court argued that the Act exceeded legislative authority by effectively expanding the Council of Ministers beyond the constitutional limit of 15% of the Legislative Assembly’s strength.
The High Court’s decision was based on the premise that the CPSs, despite being ostensibly advisory, were granted significant powers and privileges akin to ministers. These included access to confidential government information, the authority to assist ministers closely, and the use of state insignia and perks.
The Himachal Pradesh government, however, maintains that the CPS appointments were intended to streamline parliamentary affairs and enhance administrative efficiency. The state government’s SLP argues that the High Court’s interpretation of the Act may have overlooked its specific purpose and the distinction between the roles of ministers and CPSs.
The Supreme Court’s decision on this matter will have far-reaching implications for state governments across India, as it will determine the extent to which states can create additional positions to aid ministerial functions without violating constitutional provisions.
The case is currently pending before the Supreme Court, and the legal battle is expected to unfold in the coming months.
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