Shimla – The Himachal Pradesh High Court is expected to deliver its verdict in the Himachal Chief Parliamentary Secretary appointment case on Wednesday.
The bench, consisting of Justice Vivek Singh Thakur and Justice Bipin Chandra Negi, is expected to announce its ruling on a petition challenging the appointment of six Congress MLAs as CPS by Chief Minister Sukhvinder Singh Sukhu.
The appointments, deemed unconstitutional by the petitioners, have been contested by 11 MLAs from the opposition Bharatiya Janata Party (BJP) and the People for Responsible Governance organisation. Among those challenging the appointments is a woman named Kalpana, who has also voiced her opposition in the Himachal High Court.
Final hearing completed in June
The final hearing in the Himachal Chief Parliamentary Secretary appointment case was completed in June, following which the court reserved its decision.
In January, the High Court issued an interim order, instructing the CPS appointees to refrain from exercising ministerial powers. However, the state government subsequently approached the Supreme Court, seeking to merge the Himachal CPS case with similar cases pending in other states. The Supreme Court, however, rejected this request, directing the High Court to proceed independently with its hearing.
15% cap on appointment breached?
The petitioners argue that the appointment of CPS exceeds the permissible number of officials under Article 164 of the Constitution, which limits ministerial appointments to 15% of the total Assembly members. With 68 MLAs in the Himachal Pradesh Assembly, the state can constitutionally have a maximum of 12 ministers. By adding CPS positions, they allege, the government has circumvented this limit, creating an excess beyond the 15% cap.
The case also brings attention to a precedent from the Supreme Court, which had previously ruled against similar CPS appointments in Assam and Manipur. The petitioners claim the state government proceeded with these appointments despite this ruling. Furthermore, they assert that the six CPS appointees, each receiving a monthly package of Rs 2,20,000 in salary and allowances, enjoy minister-equivalent privileges, which places them in lucrative roles.
The petition includes a demand for the repeal of the Himachal Parliamentary Secretary (Appointment, Salary, Allowances, Powers, Privileges, and Facilities) Act, 2006, under which these CPS were appointed. The court’s decision today in the Himachal Chief Parliamentary Secretary appointment case could significantly impact the structure of government positions and allowances in the hill state, setting a precedent for similar cases across India.
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