Oversized ministry in Nagaland leading to misuse and drainage of public money
DIMAPUR, JULY 7 (MExN): The Nagaland Voluntary Consumers’ Organization (NVCO) on Thursday said the oversized ministry of the Nagaland Government is leading to misuse and drainage of public money.
The Nagaland Government ministry, according to NVCO, includes 12 cabinet ministers, 24 parliamentary secretaries, advisors, chairmen and few advisors at the rank of cabinet from the 60-member strength of the Nagaland Legislative Assembly.
Also supporting the demand of the Aam Admi Party (AAP) for disqualification of MLAs holding post of parliamentary secretary, the NVCO in a press statement from media cell said the post of parliamentary secretary is unconstitutional since it is equivalent to the rank of minister of state and that of the cabinet ministers.
It also stated that the parliamentary secretaries are also provided facilities such as cars, bungalow, fat salaries, police escorts and status that are akin to a minister, while pointing out that, this comes under the purview of Office of Profit under Article 191(1) (a) of the Constitution of India and under Article 164 (1A).
The consumers organization said Article164 (1A) provides for limiting the number of ministers including the Chief Minister, which has to be within 15 per cent of the total number of members of the legislative assembly of the state.
It further explained that Article 164 (1A) was INSERT IGNOREed 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.
The NVCO also highlighted how various High Courts deemed the appointment of parliamentary secretaries unconstitutional and ruled against such appointments in the past. It cited an example of the case of Adv. Aires Rodrigues vs. The State of Goa and others (as cited in Anami Narayan Roy vs. Union of India) in 2009.
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 Goa state government.
Similarly, in 2005, in the case of Citizen Rights Protection Forum vs. Union of India and Others (decided on August 18, 2005), the Himachal Pradesh High Court quashed the appointment of chief parliamentary secretaries and parliamentary secretaries while upholding that they are “usurpers of public office since their appointments did not owe their origin to any constitutional or legal provision…”
.JPG)
