Dimapur, September 9 (MExN): The Nagaland Public Rights Awareness and Action Forum (NPRAAF) has appealed to the Governor of Nagaland and Arunachal Pradesh, P.B Acharya, to “act constitutionally” and “quash” the “unconstitutional appointment” of Parliamentary Secretaries and Advisors to the Government of Nagaland.
It highlighted the recent ruling of the Supreme Court bench comprising of Justice J. Chelamswar, Justice R.K Agrawal and Justice A.M Sapre that declared the appointment, salaries, allowances and miscellaneous provisions as “Unconstitutional Act(s).”
The NPRAAF reminded the Governor in a representation to the Governor, as stated in a press release from its Information & Publicity Cell, the apex Court ruling that Article 194 of the Constitution “does not expressly authorize the state legislature to create offices such as the one in question.” The Court also made reference to Article 187, noted NPRAAF, which makes stipulation with reference to the secretarial staff of legislature.
“On the face of such elaborate and explicit constitutional arrangement with respect to the Legislature and the various offices connected with the legislature and matters incidental to them to read the authority to create new offices by legislation would be a wholly irrational way of construing the scope of article 194(3) and the entry of list II. Such a construction would be enabling the legislature to make a law which has no rational connection with the subject matter of entry. The power, privilege and immunities contemplated by Article 194(3) and entry 39 are those of the qua legislators,” the Court is stated to have observed.
Further, NPRAAF recalled that on January 1, 2004, the Constitution 91st Amendment Bill, 2003 was passed by the Parliament. The 2004 Assam Act was passed after the Union Parliament had Amended Article 75 and Article 164 thereby restricting the Council of Ministers in the states to 15% of the total strength of the Assembly.
“The unconstitutional act of the Nagaland Government in appointing Parliamentary Secretaries and Advisors at the rank of a State Minister and Cabinet Ministers respectively has defeated the very Act which was passed to do away with huge unnecessary wastage of public funds on the maintenance of Legislature,” stated the NPRAAF.
The Forum found it “very unfortunate” that the Governor of Nagaland and Arunachal Pradesh “still allows the two state governments to retain unconstitutional post of parliamentary secretaries and Advisors defying the Supreme Court judgment. The Governor should not remain oblivious to the issue as his sole role is to protect the constitution and not run the Government.”
“The credibility of the Governor would be enhanced if he acts before the ultimate Judgment of the Kohima Bench of Guwahati high Court which is bound to be in line with several High Court and Supreme Court Judgment,” the NPRAAF stated.
