DIMAPUR, AUGUST 31 (MExN): The Nagaland Tribes Council (NTC) has filed a Public Interest Litigation (PIL) before the Kohima Bench of the Gauhati High Court against the appointment of 9 “unconstitutional” Advisors and 26 Parliamentary Secretaries in the state of Nagaland.
“By the 91st constitutional Amendment and as per Article 164 (1A) of the constitution of India there should be only 12 Ministers in the State of Nagaland, including the Chief Minister,” the NTC informed in a press note today.
However, in Nagaland by notification dated 26.07.17 the Chief Minister of Nagaland has “unconstitutionally” appointed 9 Advisors and 26 parliamentary Secretaries under Rule 5 of the Rule of Executive Business for the Government of Nagaland, it said.
The NTC reasoned that the said rules do not prescribe for appointment of Advisors and Parliamentary Secretaries and the rule is in fact for allocation of portfolio to the Ministers by the Governor on the advice of the Chief Minister.
It reminded that the Supreme Court by judgment dated 26.07.17 had declared Parliamentary Secretaries as unconstitutional. “In this matter the Sikkim has declare Parliamentary Secretaries as unconstitutional. Interestingly in Mizoram 9 Parliamentary Secretaries have already resigned on moral ground to restore their status as representative of their respective constituencies. Most likely, the Mehalaya High Court may also declare the Parliamentary Secretaries as unconstitutional,” the NTC said.
The PIL was heard on August 31 and the court posted the matter to September 11, 2017 for further order and hearing. The NTC hoped that parliamentary democracy would be restored and “illegal offices will be removed to relieve the people from this extraneous action of the state.”
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