CPS not to function as cabinet ministers: Himachal High Court

The Himachal Pradesh High Court has directed that the six Chief Parliamentary Secretaries (CPS) cannot function at par with cabinet rank ministers. They also can’t enjoy the facilities and perks of the cabinet ministers.

The Bharatiya Janata Party has challenged the appointments of the six MLAs as CPS by the State government terming it as unconstitutional and a violation of the constitution.

The petitioner’s counsel Satya Jain informed here on Wednesday that the division bench consisting of Justice Vivek Singh Thakur and Justice Sandeep Sharma has issued an interim order preventing the six CPS from receiving salaries and other benefits equivalent to those provided to Cabinet rank ministers.

Jain highlighted that the petitioner had referred to a Supreme Court judgment related to a similar appointment in Assam, which resulted in the annulment of the appointment. Similar appointments in the states of Manipur, Punjab, and Delhi were also struck down by the court, as per the material presented before the court. They have cited Article 164 of the Indian Constitution emphasising that the size of the council of ministers should not exceed 15 per cent of the legislature. Jain pointed out that the court has reserved the final verdict in the matter with the detailed final order expected in March 2024.

Chief Minister Sukhvinder Singh Sukhu had appointed CPS individuals, namely Sanjay Awasthi from Arki, Sundar Singh Thakur from Kullu, Ram Kumar from Doon, Mohan Lal Barakta from Rohru, Ashish Butel from Palampur, and Kishori Lal from Baijnath.

Himachal Pradesh government, however, has been defending the decision on appointments.