NVCO lauds Supreme Court judgement on appointment of parliamentary secretaries

Kohima, August 1 (MExN): President of the Nagaland Voluntary Consumers’ Organisation (NVCO), Kezhokhoto Savi has expressed happiness over the “landmark” judgement of the Supreme Court of India upholding Article 164(IA) of the Constitution, which provides for limiting the number of ministers in the state cabinets.  

“The recent judgement & order of the Supreme Court of India declaring the appointment of Parliament Secretaries as ‘unconstitutional’ is a big blow to states in the country including Nagaland who have appointed legislators as parliament secretaries,” he stated in a press release issued by the Press & Media Cell, NVCO.  

The apex court had on July 27, 2017 declared the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 as unconstitutional. This, Savi said, has affected the present government of Nagaland which has 26 Parliamentary Secretaries and 9 Advisors of cabinet status.  

Pointing out that 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, the NVCO president stated the State of Nagaland can have only 12 ministers, including chief minister. “Now huge expenditures incurred upon 26 parliamentary secretaries and 9 Advisors of cabinet status can be removed,” he added.  

Savi, who is also an Advocate, said Article 164(IA) was INSERT IGNOREed in the Constitution on the recommendation of the National Commission for review of the Working of the Constitution on misuse and drainage of public money to put a ban on over-sized cabinet.  

Savi stated that in the past various High Courts have deemed the appointment of Parliamentary Secretaries unconstitutional and have ruled against such appointments. In 2009, a Division Bench of the Bombay High Court discussed the impact of arbitrary State Union 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(IA) of the Constitution and set aside the appointment of two Parliamentary Secretaries in the state government, the release said. Meanwhile, the Himachal Pradesh High Court quashed the appointment of Chief Parliamentary Secretaries and Parliament Secretaries in 2005 and the Punjab and Haryana High Court quashed the appointment of four chief parliamentary secretaries in the government of Haryana on July 5 last, it added.