Himachal HC: Chief Parliamentary Secretaries barred from Ministerial roles
Himachal Pradesh High Court rules against Chief Parliamentary Secretaries functioning as Ministers
In response to a writ filed by the BJP challenging the appointment of chief parliamentary secretaries (CPS) in Himachal Pradesh, the state's high court issued an interim order preventing six CPS appointed by Chief Minister Sukhvinder Singh Sukhu from availing facilities equivalent to cabinet rank ministers. The division bench, comprising Justice Vivek Thakur and Justice Sandeep Sharma, ruled that CPS cannot function as ministers, citing Section 4 of the Himachal Pradesh Parliamentary Secretaries Appointment and Salary, Allowance, Privileges, Amenities Act-2006.
Legal challenge and BJP's stand
The BJP had contested the appointment, arguing that the Constitution does not provide for the post of chief parliamentary secretaries. They maintained that under Article 164, not more than 15% of the cabinet can be formed in the state, which amounts to 12 in Himachal Pradesh. With the appointment of chief parliamentary secretaries, this number exceeds the constitutional limit.
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The high court's decision prevents the six CPS from enjoying ministerial status benefits. The BJP expressed satisfaction with the court's decision and revealed that further details would be disclosed in the court's decision on Thursday, with the next hearing scheduled for March 12. The party also presented judgments from other provinces where similar appointments were deemed unconstitutional.
Congress Government's move to Supreme Court
To delay the proceedings, the Congress government filed a transfer petition in the Supreme Court, seeking to shift the case to the apex court. The government argued that pending cases in the Supreme Court shared legal similarities with the petitions in the Himachal Pradesh high court. However, the division bench rejected the transfer plea, reinforcing the local high court's jurisdiction over the matter. The BJP had earlier cited instances in Punjab, Assam, and Manipur where similar appointments were challenged and declared unconstitutional.
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