DIMAPUR, SEPTEMBER 19 (MExN): The Public Interest Litigation filed by the Nagaland Tribes Council (NTC) against the appointment of unconstitutional Advisors and Parliamentary Secretaries was heard by the division bench of the Gauhati High Court on September 18.
A press note from the NTC informed that the bench consisting of Ajit Singh, Chief Justice and Justice Manojit Bhuyan, after hearing Sr. Advocate, S. Dutta and Advocate NN Jamir, issued a notice of Motion to the respondents made returnable within 6 weeks.
The NTC today pointed out that the Constitutional Bench of the Supreme Court by Judgement dated July 26, 2017 has declared the Assam Parliamentary Act as unconstitutional.
In the State of Nagaland, the NTC said that the Chief Minister has been appointing Advisors and Parliamentary Secretaries since 2005 “in total violation of article 164 (IA) of the Constitution of India and in absolute distortion of the Nagaland Rules of Executives Business, 1980.”
It further claimed that the CM “has no authority and power to administer Oath of Secrecy within the ambit and parameter of the Constitution of India.” It stated that the administering of oath of secrecy by Chief Minister, TR Zeliang to 9 Advisors and 26 Parliamentary Secretaries on July 25, 2017 “was per se illegal and unconstitutional.”
“The 91st constitutional amendment which is mandatory for the Union Government and State Governments has put a ceiling that the numbers of the council of Ministers in the Union Government and State Governments should not exceed 15% of the total number of the house (Lok Sabha/State Assembly Members) or not less than 12,” the NTC pointed out.
In view of this, the NTC stated that Nagaland should have only 12 Ministers in the government. “The unconstitutional appointment of Advisors and Parliamentary Secretaries has heavy financial burden on state ex-chequer which is unnecessary, unfair and unreasonable,” it viewed.