The Supreme Court is scheduled to hear a case on November 22 concerning the dismissal of six Chief Parliamentary Secretaries (CPS) of the Sukhvinder Singh Sukhu-led Congress government in Himachal Pradesh by the state high court.
The case, stemming from a recent ruling by the Himachal Pradesh High Court, could have far-reaching consequences for the state’s governance and its political dynamics. The high court declared the CPS appointments unconstitutional and illegal, leading to questions about the legality of such political positions and the broader implications for the current Congress government.
The issue dates back to the appointment of six legislators as CPS, a move by the Congress government to balance its internal power structure and offer benefits to lawmakers who were not selected for ministerial roles. The CPS position provides certain privileges such as official status and perks of cabinet rank, but without the full responsibilities and powers of a minister.
While this arrangement was designed to ensure that these lawmakers still held influence and remained loyal to the ruling party, the high court ruled that such appointments were unconstitutional, citing that the Chief Minister did not have the legal authority to make such decisions.
The legal battle is not the first of its kind in the state. In 2005, during Virbhadra Singh’s tenure as the Chief Minister, the Himachal Pradesh High Court had struck down similar CPS appointments, ruling that the Chief Minister lacked the constitutional authority to make such appointments. In response, the state government passed the “Parliamentary Secretary Appointment, Salary, Allowances, Powers and Privileges Act.” However, the same Act was recently declared unconstitutional by the high court ruling, leading to the removal of the six CPS appointees.
The state government’s legal cell, headed by Advocate General Anup Ratan, has challenged the high court ruling in the Supreme Court. The government’s stance is that these appointments were legitimate and in line with its prerogative to maintain internal balance and offer due recognition to its legislators. The outcome of the Supreme Court hearing on November 22 will be crucial in determining whether the appointments are reinstated or if the high court’s verdict stands.
If the Supreme Court upholds the high court’s ruling, it could lead to political instability, potentially affecting the composition of the legislative Assembly. The ruling could also set a legal precedent for other states where similar appointments have been made.
The controversy is not only legal but also deeply political, with opposition parties seizing the opportunity to challenge the government’s actions. Accusations of undemocratic practices and attempts to consolidate power have been levelled against the Congress government by the BJP, intensifying the political climate in Himachal Pradesh. 6
