Six MLA’s in Himachal made as Chief Parliamentary Secretaries

Subject :Polity

Context:

Leader of Opposition in Himachal Pradesh Assembly criticised the Congress government over the appointment of six chief parliamentary secretaries, claiming that it has been done to “keep the flock together” and would put a burden of crores of rupees on state.

Parliamentary Secretaries:

The concept originated in England where Parliamentary Secretaries are appointed to assist the ministers.
They are regarded for all practical purposes as deputy ministers having access to all official files and documents.

Appointment of Parliamentary Secretaries:

In India, state governments have been appointing parliament secretaries from among Members of Legislative Assembly (MLAs).
A Parliament Secretary often holds the rank of Minister of State and has the same entitlements and is assigned to a government department.

Issues involved:

As they held the rank of minister of state, therefore the total number of ministers exceeds the mandated 15% limit i.e in contravention to the Article 164(1).
It is seen as an indirect appointment of the ministers by creating the post of parliamentary secretaries.
PILs filed in various High Courts have argued that appointment of parliamentary secretaries goes against the Article 164 (1) of the constitution for states and Article 239AA for Delhi, which limits the number of ministers in the state/UTs cabinets.
Various High Courts have deemed the appointment of Parliamentary Secretaries unconstitutional and have ruled against such appointments.
However many states have exempted parliamentary secretaries from office of profit.