HP Parliamentary Secretaries Act, 2006

HP Parliamentary Secretaries Act, 2006

The Himachal Pradesh High Court (HP HC) recently invalidated the Himachal Pradesh Parliamentary Secretaries Act, 2006, which permitted the appointment of MLAs as Chief Parliamentary Secretaries (CPS). The Court declared the law unconstitutional, exceeding the legislative authority of the State Legislature and violating Article 164(1-A) of the Constitution, which caps the Council of Ministers, including the Chief Minister, at 15% of the Assembly's strength.

The Court highlighted that CPS roles mirrored ministerial duties, including perks, file access, and decision-making, despite lacking official authority. It also flagged a breach of the "office of profit" clause, which prohibits officials from leveraging their positions for personal gain.

Deeming the distinction between ministers and CPS artificial, the Court ordered an immediate termination of CPS appointments and withdrawal of their privileges. Similar attempts to bypass constitutional limits have been previously struck down by the Supreme Court in states like West Bengal, Punjab, and Goa.

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