The state government and CPSs have announced plans to appeal to the Supreme Court. The judgment was delivered by a division bench comprising Justice Vivek Singh Thakur and Justice Bipin Singh Negi, who found the Act lacked constitutional validity.
Himachal Pradesh: The Himachal Pradesh High Court ruled on Wednesday (14th Nov) the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges, and Amenities) Act, 2006, as unconstitutional, declaring all Chief Parliamentary Secretary (CPS) positions invalid.
This ruling mandates the immediate cessation of CPS roles and withdrawal of all associated privileges.
The state government and CPSs have announced plans to appeal to the Supreme Court. The judgment was delivered by a division bench comprising Justice Vivek Singh Thakur and Justice Bipin Singh Negi, who found the Act lacked constitutional validity.
The bench asserted, “The appointments, salaries, allowances, powers, privileges, and amenities under the 2006 Act are void.”
This ruling followed a legal challenge from ten BJP MLAs, led by Satpal Sati, who argued the Act violated constitutional provisions.
Representing the petitioners, Advocate Veerbahadur Verma commented, “The HC has declared the 2006 Act unconstitutional and ordered the immediate removal of CPS privileges… If appealed in the SC, relief is unlikely.”
The court highlighted that the Himachal assembly had no authority to enact legislation equating CPS roles to ministerial levels.
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 The act has been repealed,” Verma said.
Additionally, similar legislation in Bengal, Punjab, and Chhattisgarh is currently under judicial review. Rattan mentioned the option to file an SLP in the Supreme Court, which could impact CPS appointments across states.
READ ALSO: Himachal Pradesh High Court Limits Privileges of Chief Parliamentary Secretaries
In January 2023, the Himachal government appointed six Congress MLAs as CPSs, including Sunder Singh Thakur (Kullu), Mohan Lal Brakta (Rohru, Shimla), Ram Kumar Chaudhary (Doon, Solan), Ashish Butail (Palampur), Kishori Lal (Baijnath, Kangra), and Sanjay Awasthi (Arki, Solan). This move was challenged by BJP MLAs, resulting in the recent high court ruling.
