Morung Express News
Dimapur | July 6
The demand of the Aam Admi Party (AAP) to the Election Commission for disqualification of 130 legislators holding the post of Parliamentary Secretary in eleven States including Nagaland has raised a storm in the media over the legal constitution of the issue.
The AAP claimed that these posts clearly come under the purview of ‘Office of Profit’ under Article 191(1)(a) of the Constitution, which merits their disqualification as MLAs since they are being provided facilities such as cars, bungalows, fat salaries, police escort and status that is akin to a minister.
This exaction for application of same yardstick comes after the President of India denied assent to a bill passed in the Delhi Assembly to ratify the appointment of 21 MLAs as Parliamentary Secretaries.
The bill sought to exempt the position of Parliamentary Secretary from the definition of ‘Office of Profit.’ But the bill was rejected by President Pranab Mukherjee when it was sent for his approval.
Because in the case of Delhi, which is given the special status as a Union Territory, a bill passed by the Assembly is not considered an applicable “law” unless it is passed by the Delhi Lieutenant Governor and the President of India.
While the matter is due for hearing by the Election Commission on July 14, AAP has implicated the states of Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Manipur, Mizoram, Meghalaya, Nagaland and Punjab, which it claimed have MLAs holding such offices.
It also directed AAP party units in those states to make similar complaints to the respective Chief Electoral Officers there.
AAP Nagaland Unit coordinator, Dr Amos confirmed it has received notification from the Delhi office on the same. “We have been asked to notify the Governor of Nagaland as well as the Chief Election Officer (CEO) to act on the issue,” he informed. However, the AAP executives of Nagaland Unit would first convene a meeting in this regard before approaching the concerned authorities, Dr Amos stated.
Out of the 60-member strength of the Nagaland Legislative Assembly (NLA), there are 24 Parliamentary Secretary holding different posts and 12 Cabinet Ministers, which include the Chief Minister himself.
NLA Speaker Chotisuh Sazo, speaking to The Morung Express, said the Nagaland Government has taken note of the AAP implication and was observing the issue closely.
Sazo, however, said the Delhi case cannot be applied to all the states on the mode of appointment of Parliamentary Secretary since each states is bound to have different conditions adding, “We are also studying and referring to other states and how they are dealing with the issue.”
The Speaker also said that the Election Commission needs to clarify on a “certain number of areas” pertaining to the issue of whether the post of Parliamentary Secretary is an office of profit, although he did not spell out details. Further, the Speaker said the State Government would also see if there is a provision that gives a safety check to those holding the post of parliamentary secretary and ratify changes if need be.
On the other hand, according to P. Leonard Aier, Principal, City Law College, Dimapur, parliamentary secretaries here in Nagaland need not worry of disqualification.
Aier pointed out that the holder of the office of the Parliamentary Secretary under the NLA is protected by the Nagaland State Legislature Members (Removal of Disqualification) Act No-1 of 1964, which is an Act provided for the removal of certain disqualifications for being chosen as and for being a member of the NLA.
According to the Act, under the section of Removal of Certain Disqualification, A person holding the office of the Parliamentary Secretary to the Government of India or to the Government of Nagaland shall not be deemed never to have been disqualified for being chosen as, or for being, a member of the NLA.
The Act also protects from disqualification any office held by a Minister of State or Deputy Minister for the Union or for any State specified in the First Schedule to the Constitution of India and the office of the Chief Whip, Deputy Chief Whip or Whip in Parliamentary or is the NLA.
In actuality, the ‘Office of Profit’ rule prohibits an MLA to take up another position, which gives him profit, in terms of perks, money and powers. However, many Indian states, Nagaland being one, have circumvented this check by passing bills, which allows MLAs to be Parliamentary Secretary as well.
Nonetheless, in 2015, Calcutta High Court ruled against appointment of 13 TMC MLAs as Parliamentary Secretary despite a bill being passed in 2012.
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