CPS decision against spirit of constitutional, seeking legal views: Himachal ex-CM Thakur
shimla: Within hours of Himachal Pradesh Chief Minister Sukhwinder Singh Sukhu inducting six Chief Parliamentary secretaries, apart from seven Cabinet ministers, Leader of Opposition Jai Ram Thakur said the move is against the spirit of the constitutional amendment, which had restricted the size of the Cabinet in the states in 2003.
Thakur said Sukhu could not form his Cabinet for almost a month and now there is a crisis even in the distribution of portfolios. No portfolios have been distributed in the past 24 hours, he added. There seem to be strong fears within the government about MLAs revolt over the Cabinet formation. Even the Cabinet that was constituted on Sunday lacked a fair representation of all the regions and castes.
“In order to ensure that sulking MLAs don’t leave the Congress or run away, Sukhu has taken the route of making them, mostly his favourites, as CPS. Perhaps, he has forgotten as Delhi government also tried to appoint 21 CPS but they all had to resign when the High Court passed orders,” he asserted. Thakur said Article 164 of the Constitution, after the 91th amendment in 2003, makes it clear that the state has no legislative powers to override this Article by making appointments viz CPS and Parliamentary secretaries, who enjoy almost all privileges of the ministers.
Thakur also quoted two other examples of Assam and Manipur governments where the CPS and Parliamentary secretaries’ appointments were set aside by the courts.
“There is a clear-cut ruling from various High Courts and Supreme Court including Guwahati High Court. The Assam government was questioned by HC on its right to enact the Act for CPS and PS. The matter went up to the Supreme Court. The Apex Court termed it against the spirit where the number of cabinet members is fixed,” he said.
He recalled during his term as Chief Minister when the government took a conscious decision not to appoint any CPS or PS as it would impose a huge burden on the exchequer.
