In Punjab there are 20 Parliament Secretaries, 13 in Rajasthan and 11 in Haryana. All are BJP ruled, which is making such a hue and cry about Kejriwal and home minister recommended to President to reject Delhi's recommendation. A recent write up on the issue is reproduced below to clearly understand the issue.
"Many states in the Indian Union have instituted the post of Parliamentary
Secretary. A Parliament Secretary often holds the rank of Minister of State and
has the same entitlements and is assigned to a government department. Manipur,
HP, Mizoram, Assam, Rajasthan, Punjab, Goa are some of the states where MLAs
have been appointed Parliament Secretaries by the Government.
PILs filed in various High Courts on the matter have argued that the
appointment of Parliament Secretaries is ultra vires the
91st Amendment of the Indian Constitution which introduced Article
164 (1A) to the Constitution. Article 164 (1A) provides for limiting the number
of ministers in the state cabinets. The total number of ministers including the
Chief Minister, has to be within 15 per cent of the total number of members of
the legislative assembly of the state. Article 164 (1A) was inserted in the
Constitution on the recommendation of the National Commission for
Review of the Working of the Constitution
headed by former Chief Justice of
India, M.N. Venkatachaliah on misuse and drainage of public money to put a ban
on over-sized cabinet.
Various High Courts have deemed the appointment of Parliamentary Secretaries
unconstitutional and have ruled against such appointments often in the past.
In 2009, in the case of Adv.
Aires Rodrigues vs The State of Goa and others
(as cited in Anami Narayan
Roy vs. Union of India), a Division Bench of the Bombay High Court discussed the
impact of arbitrary State action relating to appointment of Parliament
Secretaries in Goa. It held that appointing Parliamentary Secretaries of the
rank and status of a Cabinet Minister is in violation to Article 164 (1A) of the
Constitution and set aside the appointment of two Parliamentary Secretaries in
the state government.
In 2005, in Citizen Rights
Protection Forum vs Union of India and Others (decided on 18 August, 2005
the Himachal Pradesh High Court quashed the appointment of Chief Parliamentary
Secretaries and Parliament Secretaries. It held that ‘(Parliamentary
Secretaries) are usurpers of public office since their appointments did not owe
their origin to any constitutional or legal provision, they having been
appointed by person(s) not vested with the power of appointment’.
that the Rajasthan High Court issued notices to thirteen
Parliamentary Secretaries in a petition challenging their appointments.
Similarly, there have been news
that the Punjab High Court has asked the state governments in Punjab
and Haryana to provide information on appointment of Chief Parliamentary
Secretaries in the states. Punjab and Haryana have appointed 20 and 11 Chief
Parliamentary Secretaries respectively. The High Court has ordered the two
states to submit details about the entitlements, facilities and powers given to
the Chief Parliamentary Secretaries."
From: Prem Sabhlok <premsabhlok-/E1597aS9LQxFYw1CcD5bw@public.gmane.org>
To: ravindra malhotra <rnmalhotra_in <at> yahoo.com>; "indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org" <indiaresists-3hfIC0tI0F/LoDKTGw+V6w@public.gmane.orgup.net>; Aires Rodrigues <airesrodrigues1-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>
Sent: Wednesday, June 22, 2016 6:42 PM
Subject: Re: [IAC#RG] DELHI CHIEF MINISTER ARVIND KEJRIWAL EXPOSED
In some states a few Parliamentary Secretaries have been approved by the Governors much against the Constitution Provision. It is rather strange that no one has taken this matter to the court.
Kejriwal was aware that Indian constitution does not allow but based on a few Parliamentary Secretaries approved by Governors in other states, he sent a case for abnormally large number i.e. 21 Parliamentary Secretaries and Lt Governor rightly sent to Central Govt and Prime Minister rightly advised President of India to reject the same.
I think Kejriwal should concentrate on good governance and not on such unconstitutional matters.
Kejriwal should take up with the Courts about Parliamentary Secretaries in other states, which he will never do.
On Wednesday, 22 June 2016 2:59 PM, ravindra malhotra <indiaresists <at> lists.riseup.net> wrote:
But there are Parliamentary Secretaries in almost all states. How do you explain that? Why target Kejriwal only?
Former Chairman Railway Board
From: Aires Rodrigues <airesrodrigues1-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org>
To: "indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org" <indiaresists-3hfIC0tI0F+k/GrYEfjPQg@public.gmane.org>
Sent: Tuesday, June 14, 2016 9:37 AM
Subject: [IAC#RG] DELHI CHIEF MINISTER ARVIND KEJRIWAL EXPOSED
The very high-handed attempt by Delhi Chief
Minister Arvind Kejriwal to try and regularize the appointment of his 21
illegal Parliamentary Secretaries has only exposed the political bankruptcy of
the Aam Aadmi Party. The President of India Pranab Mukherjee has rightly swept
away and binned Arvind Kejriwal’s unlawful proposal.
A rvind Kejriwal needs to be condemned for having
ventured in appointing parliamentary secretaries despite the Courts having
clearly ruled that it was unconstitutional and an unlawful mode to give MLAs
cabinet status through the back door. It has only uncovered Arvind Kejriwal’s
deceitful portraying that his party does not have lust for power. While
claiming to be clean and honest, this proposal was most dishonest, attempting
to smuggle in persons with positions and perks, but by the back door!
Appointment of parliamentary secretaries and
conferring them with rank and status of a Cabinet Minister is a fraud on the
Constitution of India. It is in rank violation of the 91st Amendment which was meant
to restrict the size of the Cabinet to prevent jumbo size cabinets which are a
huge financial burden to the State Exchequer.
Advocate High Court
C/G-2, Shopping Complex
Ribandar – Goa – 403006
Mobile No: 9822684372
Office Tel No: (0832) 2444012
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