SHIMLA: In a landmark ruling today, the Himachal Pradesh High Court threw a wrench into the Congress-led Sukhu government, ordering the removal of all Chief Parliamentary Secretaries (CPS) and the immediate withdrawal of their facilities and privileges.

The division bench, consisting of Justices Vivek Singh Thakur and Vipin Chandra Negi, struck down the Himachal Pradesh Parliamentary Secretaries Act, 2006, declaring it unconstitutional and outside the assembly's powers.

The court's decision has intensified political storm ahead of completion of two years by the Sukhu government in office, with the Opposition BJP seizing the moment to criticise  the financial state of the government.

Ramification of the order could spell fresh trouble for the Sukhu government if the HP Governor takes cognizance of the order.  The six CPS could face disqualification as MLAs if the Governor chooses to enforce the provisions of Office of Profit Act, reducing the Congress numbers to a minority, say analysts. 

The Indian Constitution's provisions on the "office of profit" are outlined in Articles 102(1) and 191(1).

These articles state that a person cannot be a Member of Parliament (MP) or Member of the Legislative Assembly (MLA) if they hold an office of profit under the central or state government. 

The "office of profit" is a key part of India's democratic framework. It's designed to: Ensure the independence of elected representatives 
 
BJP leaders accused the Congress of appointing CPS positions solely to reward MLAs, asserting that the government incurred unnecessary expenses by doing so.

Former state BJP president Satpal Satti, along with other BJP MLAs, had previously challenged the CPS appointments, calling them a violation of the constitution.

Their petition argued that such positions were unconstitutional and only served to pacify certain MLAs.

The High Court’s decision effectively nullifies the CPS positions, which came with a salary of Rs 2.2 lakh per month, along with various allowances and amenities.

Six CPSs who packed their lock stock and barrel from the HP secretariate after the high court order includes Kishori Lal, Mohan Lal Brakta, Sanjay Awasthi, Ashish Butail, Sunder Singh Thakur and  Ram Kumar. 

The Sukhu administration had appointed six MLAs as CPSs on January 8, 2023, just days after the Congress government was formed. However, the appointments had drawn backlash from the outset.

Responding to the ruling, Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu stated that the government would review the judgment and weigh its options, including the possibility of approaching the Supreme Court for relief.

Advocate General Anup Kumar Ratan indicated that the government could consider challenging the ruling, citing legal precedence that challenges similar acts in other states, such as Assam.

Meanwhile, Leader of the Opposition and former Chief Minister Jai Ram Thakur condemned the CPS appointments, calling them unconstitutional from the start.

He pointed out that his BJP government refrained from making such appointments due to their legally dubious nature.

Thakur further demanded that the MLAs who benefited from these positions should also face consequences, including potential termination of their assembly memberships.

The Sukhu  government now stands at a crossroads, facing both political and legal ramifications, as it considers its next move in the wake of today’s high court ruling.

Himachal Pradesh High Court has ruled that the Parliamentary Secretaries Act, enacted in 2006, is now invalid.

The court stated that the posts of the 30 parliamentary secretaries created under this law have been terminated as the act's validity has expired.

The court ordered their immediate removal from office and directed the Advocate General to inform the state of this decision. 

HP Advocate General Anoop Rattan, addressing the media in Shimla, confirmed that the High Court found the act incompatible with Article 164(1A) of the Constitution, which limits the number of ministers to 12 in the state.

Rattan explained, "The High Court observed that creating additional posts like Chief Parliamentary Secretary was legally unjustifiable, as these roles involved exercising ministerial functions, which breaches the constitutional cap on the number of ministers."

He further added that the High Court’s judgment aligned with previous rulings, including those on similar acts in Assam.

The state government and the affected officials plan to file a Special Leave Petition (SLP) in the Supreme Court to challenge the High Court's decision.

"We are preparing to move the Supreme Court for an urgent hearing," said Rattan, highlighting that prior opinions from the Election Commission had indicated that these positions wouldn’t disqualify MLAs from holding office.