Himachal Pradesh Moves Supreme Court Over Quashing of Parliamentary Secretaries’ Appointments

Keywords ; Himachal Pradesh, Supreme Court, parliamentary secretaries, unconstitutional, High Court order, Sukhvinder Singh Sukhu, appeal, legislative appointments.

Himachal Pradesh Challenges HC Verdict Quashing Parliamentary Secretaries’ Appointments in Supreme Court

The Himachal Pradesh government has approached the Supreme Court, seeking to overturn a High Court ruling that nullified the appointment of six chief parliamentary secretaries. The High Court had declared the appointments, made by the Sukhvinder Singh Sukhu-led administration, unconstitutional and quashed the law under which the appointments were made.

High Court’s Decision

On November 13, 2024, the Himachal Pradesh High Court struck down the appointments of six parliamentary secretaries, deeming them illegal and void under constitutional provisions. The Court emphasized that such appointments bypassed established norms and violated principles of separation of powers.

State Government’s Appeal

In its appeal to the Supreme Court, the Himachal Pradesh government contended that the High Court’s decision was “bad in law” and sought its reversal. The government argued that the law enabling the appointments was within its legislative competence and did not contravene constitutional provisions. The state has also sought a stay on the High Court’s directions, asserting that the ruling hampers governance and undermines the authority of the executive.

The Controversy Over Parliamentary Secretaries

The practice of appointing parliamentary secretaries, often criticized for expanding the executive under the guise of legislative support, has sparked debates in several states. Critics argue that such appointments violate the constitutional limit on the size of the Council of Ministers, as prescribed under Article 164(1A) of the Constitution. Parliamentary secretaries are perceived as an attempt to bypass these limitations, leading to frequent legal challenges.

Constitutional Concerns

The Himachal Pradesh High Court’s ruling aligns with previous judicial precedents, such as in Bimolangshu Roy v. State of Assam, where the Supreme Court invalidated laws enabling the appointment of parliamentary secretaries, citing their unconstitutional nature. The Court has consistently held that such appointments undermine the constitutional scheme of governance by blurring the distinction between the legislature and the executive.

Implications and Next Steps

The Supreme Court’s decision on this matter will have significant implications for state governance and the interpretation of constitutional provisions regarding the separation of powers. The case also highlights the ongoing debate over the role and necessity of parliamentary secretaries within India’s democratic framework.

The matter is now awaited to be listed before the Supreme Court, with the state government hopeful for a favorable verdict to reinstate the appointments and validate its legislative action.

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