Himachal HC declares appointment of 6 CPS as "unconstitutional"

This decision mandates the immediate withdrawal of all CPS positions and associated privileges, halting any further functioning of CPSs in their current capacity within the government.

The state government of Himachal Pradesh and CPS would challenge it in the apex court.

The order was pronounced by a division bench consisting of Justice Vivek Singh Thakur and Justice Bipin Singh Negi, who ruled that the Act lacked constitutional validity.

According to the bench, "The Chief Parliamentary Secretary and Parliamentary Secretary's appointment, salaries, allowances, power, privilege, and amenities under the 2006 Act are void."

This decision comes after a legal challenge initiated by ten BJP MLAs, led by Satpal Sati, along with another individual, who argued that the appointments granted under the 2006 Act breached constitutional provisions and bypassed procedural norms.

Advocate Veerbahadur Verma, representing the BJP petitioners, stated, "The 10 BJP MLAs under the leadership of Satpal Sati had challenged the recruitment of CPSs, which was done according to an Act of 2006, in the court. The court has admitted that the 2006 Act was unconstitutional. The HC has also ordered the withdrawal of the CPS facilities immediately... If the other side decides to go to the SC, they will not get any relief there also. The act has been repealed," Verma said.

The decision is expected to have far-reaching implications, as the court emphasized that the state assembly did not have the authority to enact the 2006 legislation, which equated CPSs' roles and benefits nearly to those of ministers.

Explaining the court's stance, Himachal Pradesh High Court Advocate General Anup Kumar Rattan commented, "The petition challenging CPS has been accepted by the HC and ordered the removal of Chief Parliamentary Secretaries and Parliamentary Secretaries from their posts."

All their facilities have also been repealed. The court said the state assembly had no power to bring this act. CPSs will challenge this order of the HC in the SC," Anup Kumar Rattan said.

One of the core issues highlighted by the petitioners was the disparity between CPS salaries and those of ministers, which was largely erased under the Act, effectively granting CPSs similar privileges and status.

Advocate General Rattan also noted referring to the case of Asam, "There was a difference of at least 13,000 to 15,000 rupees between the salary of the Parliamentary Secretary and the salary of the Minister... But the court said that it has been made fictional in the Himachal Act, whereas actually, they are doing the work of a minister. But in actuality our act is different and they don't act as ministers. As far as the withdrawal of facilities I have conveyed it to the state government."

Further complicating the matter, similar legislation governing CPSs is under review in states such as Bengal, Punjab, and Chhattisgarh. Rattan indicated that a challenge is likely to be filed in the Supreme Court, referencing similar pending cases.

"There is a provision for filing an SLP [Special Leave Petition] in the Supreme Court and converting it into a civil appeal... the judgment of Bengal, Punjab, Chhattisgarh is also pending there," he said, adding that a Supreme Court decision on this matter could have broad implications for CPS appointments in multiple states.

With the High Court's order in effect, Himachal Pradesh's state government must comply by ceasing all CPS functions and benefits. As this case proceeds to higher courts, the current judgment has underscored constitutional limitations on state assemblies and redefined the boundaries of CPS appointments across India.

In January 2023, the Himachal government appointed six Congress MLAs to serve as chief parliamentary secretaries.

The appointees included Sunder Singh Thakur representing Kullu Assembly Constituency, Mohan Lal Brakta from Rohru Assembly Constituency in Shimla district, Ram Kumar Chaudhary from Doon Assembly Constituency in Solan district, Ashish Butail from Palampur Assembly Constituency, Kishori Lal from Baijnath Assembly Constituency in Kangra district, and Sanjay Awasthi from Arki Assembly Constituency in Solan district.

The appointment of chief parliamentary secretaries was challenged in the High Court by 10 BJP MLAs and an individual petitioner had challenged the appointments of CPS in the court. (ANI)