Urges Governor to initiate appropriate action within 7 days
DIMAPUR, AUGUST 18 (MExN): The Nagaland Tribes Council (NTC) has submitted a representation to the Governor of Nagaland urging removal of the “unconstitutional posts” of Advisers and Parliamentary Secretaries in the state of Nagaland as per a Supreme Court Judgment dated July 26, 2017.
The Supreme Court, in this particular judgment had ruled and declared the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act 2004 as unconstitutional.
The judgment had observed that “the Legislature of Assam lacks the competence to make the impugned Act. In view of the above conclusion, we do not see it necessary to examine the various other issues identified by us earlier. The impugned Act is declared unconstitutional.”
The NTC noted that in the State of Nagaland, after downsizing of the Council of Ministers in accordance with Constitution (Ninety-first Amendment) Act, 2003 Advisors and Parliamentary Secretaries were appointed by the Chief Ministers in all their respective tenures.
At present, the NTC said there are 9 “unconstitutional Advisors with Cabinet status and 26 (twenty six) unconstitutional Parliamentary Secretaries in the State of Nagaland.”
“It is pertinent to state that there is no such Act of Advisors and Parliamentary Secretaries in Nagaland but they are governed and regulated by The Nagaland Salaries, Allowances and other facilities of the Chief Minister, other Ministers, Speaker, Leader of Opposition, Deputy Speaker, Parliamentary Secretaries and other members of the Nagaland Legislative Assembly and pension for ex members Act, 2005,” the NTC pointed out.
Sec 2 (12) of the Act defines Parliamentary Secretary as a member of the NLA so appointed by the CM under the provisions of the Rules of Executive Business of the Government of Nagaland and the Notification issued in this regard by the Department of Parliamentary Affairs of the Government of Nagaland.
Schedule- 1 (Sec.3) of the Act stipulates about the salary, vehicle entitlements, accommodation and other facilities of the Parliamentary Secretaries at par with the Chief Minister, other Ministers, Speaker, Leader of Opposition and Deputy Speaker.
The NTC observed that there is no mention about the Advisors in the said Act.
It reminded that vide Notification No CAB-1/2013 dated 26.07.2017, the Chief Minister of Nagaland appointed 9 Advisors and 26 Parliamentary Secretaries “purportedly under Rule 5 read with other relevant provisions of the Rules of Executive Business of the Government of Nagaland.”
“The said Rule to which the Chief Minister has resorted in appointing the 9 (nine) unconstitutional Advisors and 26 (twenty six) unconstitutional Parliamentary Secretaries is irrelevant and the appointments were made in absolute distortion of the said Rules and in total contravention of the Constitutional 91st (Ninety-first) Amendment,” it reasoned.
The NTC deduced that the SC judgment, dated July 27, 2017 is a “Blanket Judgment in the matter of appointment of unconstitutional Parliamentary Secretaries in the States of India wherever it exists.”
“As the Supreme Court has declared Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions), Act 2004 as unconstitutional, the appointment of unconstitutional Advisors and unconstitutional Parliamentary Secretaries in the State of Nagaland is deem to be interfered with by Your Excellency for cancelling/rescinding the Notification NO. CAB-1/2013 dated 26.07.2017,” the NTC stated.
As such, it urged the Governor to examine the matter and initiate appropriate action in terms of the Supreme Court Judgment within seven days from the date of receipt of this representation.
