The Himachal Pradesh High Court has declared the appointment of 6 Chief Parliamentary Secretaries unconstitutional, ordering their immediate removal along with the withdrawal of all associated benefits and perks.
The decision, issued on Wednesday, follows two petitions: a Public Interest Litigation (PIL) filed by Kalpana Devi and another by 11 BJP MLAs who challenged the validity of these appointments.
The ruling came from a division bench composed of Justices Vivek Thakur and Bipin Chander, who also annulled the legislation under which these appointments were made. The bench criticized the CPS appointments as an unnecessary drain on public funds, calling for the immediate cessation of all privileges extended to the appointees.
The court’s 33-page order highlighted that the CPS office, established by the impugned Act, carries out functions that are auxiliary to those of the political executive. According to the court, the appointments violate Article 164(1-A) of the Constitution, which restricts the size of the Council of Ministers to prevent excessive government spending on ministerial perks.
The judgment noted, “The office created by the impugned Act, in fact, performs functions ancillary to and incidental to those of the political executive. If there is a constitutional provision inhibiting the constitutional authority from doing an act, such provision can’t be allowed to be defeated by adoption of any subterfuge.”
The bench further observed that the distinction between the roles of Chief Parliamentary Secretaries and Ministers was merely symbolic and lacking real substance.
“Evidently, the distinction attempted to be portrayed between Chief Parliamentary Secretary/Parliamentary Secretary and Minister is artificial,” the court stated, reinforcing the view that these roles served as an indirect way to expand the executive branch beyond constitutional limits.
The six CPS affected by this ruling are Kishori Lal, MLA from Baijnath in Kangra; Mohan Lal Brakta, MLA from Rampur in Shimla; Ram Kumar, MLA from Doon in Solan; Ashish Butail, MLA from Palampur; Sunder Thakur, MLA from Kullu; and Sanjay Awashty, Arki MLA.
This judgment serves as a strong reminder of the constitutional limits imposed on state governments regarding ministerial appointments. By striking down these appointments, the court has reasserted the principle that public funds must be safeguarded and political roles should strictly comply with constitutional mandates.
This decision may prompt other states to examine their executive appointments to ensure they align with both the spirit and letter of the Constitution.
