Shimla, Nov 21
The political landscape in Himachal Pradesh is on tenterhooks as the Supreme Court is scheduled to hear an important Special Leave Petition (SLP) tomorrow, November 22, challenging the Himachal Pradesh High Court’s order which declared the appointment of six Chief Parliamentary Secretaries (CPS) by the Sukhu government as unconstitutional.
In a statement regarding tomorrow’s hearing, Advocate General Anup Rattan confirmed that senior counsel Kapil Sibal would appear on behalf of the Himachal Pradesh government. He emphasized that the state would seek an injunction against the November 13 order of the Himachal Pradesh High Court, which declared the CPS appointments unconstitutional.
The case, which has attracted considerable attention due to its political ramifications, will see a high-stakes legal battle between senior lawyers representing the BJP and the Congress.
The dispute centers around the appointments of six Congress MLAs – Sundar Thakur, Ashish Butel, Mohan Lal Brakta, Ram Kumar, Kishori Lal, and Sanjay Awasthi – as Chief Parliamentary Secretaries, a move that was first challenged in the Himachal Pradesh High Court.
On November 13, a bench led by Justice Vivek Singh Thakur and Justice Bipin Chander Negi ruled that the appointments violated constitutional norms, declaring them unconstitutional.
Within hours of the High Court ruling, the Himachal Pradesh government, led by Chief Minister Sukhvinder Singh Sukhu, moved swiftly to file an appeal in the Supreme Court, seeking to overturn the decision.
The state government argues that the appointments were made in good faith and were within the powers of the Chief Minister, aiming to strengthen the administrative machinery by assigning roles to senior MLAs.
Legal experts point out that the state government is likely to press for a stay on the High Court’s ruling in order to avoid political instability. If the appointments of these six MLAs are indeed ruled unconstitutional, it could lead to the loss of their legislative membership, further straining the already fragile balance of power in the state assembly.
The Congress is particularly invested in this case, as the six MLAs play a crucial role in the functioning of the state government. Losing them could trigger a crisis, potentially destabilizing the Sukhu-led administration and opening the door for a political showdown.
The BJP, which has been in fierce opposition to the Sukhu government, has also filed a caveat in the Supreme Court to ensure that they are heard if the state government’s SLP is admitted. The BJP’s legal team has consistently argued that the appointment of Chief Parliamentary Secretaries is not backed by any legal provisions and could set a dangerous precedent. In fact, a group of ten BJP MLAs had filed the initial petition in the High Court that led to the ruling against the appointments.
The BJP’s legal team is likely to focus on challenging the very existence of the position of Chief Parliamentary Secretaries, asserting that it is not constitutionally sanctioned and could potentially lead to unnecessary expenditure and duplication of executive functions. With both sides preparing for a heated legal battle, the outcome of tomorrow’s hearing could have far-reaching consequences not only for the political future of the Congress MLAs but also for the political stability of the state as a whole.
If the Supreme Court stays the High Court’s verdict, the Congress MLAs will retain their positions as Chief Parliamentary Secretaries, allowing the state government to maintain its current legislative strength. However, if the apex court upholds the High Court’s ruling, the six Congress MLAs could face disqualification from the state assembly, further complicating the political dynamics in Himachal Pradesh.
The case has gained significant attention, as it comes on the heels of an earlier attempt by the opposition BJP to destabilize the Sukhu government through allegations of defection within the ruling party. The BJP’s unsuccessful efforts to break up the Congress legislative group had already set the stage for a politically charged environment in the state. The outcome of tomorrow’s Supreme Court hearing could either pave the way for a renewed focus on governance or lead to fresh political turmoil in Himachal Pradesh.
With the Supreme Court’s bench, led by Chief Justice Sanjay Khanna and Justice Sanjay Kumar, slated to hear the case tomorrow, all eyes are on the legal proceedings. The apex court’s decision will not only determine the fate of the six Congress MLAs but will also send a powerful message about the limits of executive power and the role of the judiciary in maintaining constitutional balance.
As the legal battle unfolds, it is clear that tomorrow’s hearing could prove to be a turning point for both the Congress-led state government and the opposition BJP.
Political observers in Himachal Pradesh and beyond are closely watching how the Supreme Court will address this complex issue that blends constitutional law, political strategy, and governance concerns.
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