The Supreme Court recently stayed the Himachal Pradesh High Court's directive concerning parliamentary secretaries in the state, bringing attention to their controversial role in Indian politics. Parliamentary secretaries are often appointed by state governments to assist ministers in their parliamentary responsibilities. However, their appointments frequently spark debates regarding their constitutionality.
What are Parliamentary Secretaries?
Role and ResponsibilitiesParliamentary secretaries are appointed to assist ministers in handling parliamentary affairs and related responsibilities. They are typically assigned to specific government departments.
Rank and EntitlementsParliamentary secretaries often hold the rank of a Minister of State, enjoying similar entitlements, allowances, and privileges.
The Constitutional Debate
The appointment of parliamentary secretaries has faced legal scrutiny due to its apparent conflict with the 91st Constitutional Amendment Act, 2003, which introduced Article 164(1A).
Article 164(1A)This provision limits the total number of ministers, including the Chief Minister, to 15% of the total strength of the legislative assembly.
Judicial StanceSeveral High Courts, including those in Delhi, Assam, and Himachal Pradesh, have ruled that appointing parliamentary secretaries violates Article 164(1A), rendering such appointments unconstitutional.
Issues in Appointments
Circumvention of Ministerial Cap
The appointment of parliamentary secretaries effectively increases the size of the executive beyond the constitutional limit, undermining the intent of Article 164(1A).
Resource Burden
Granting ministerial rank and entitlements to parliamentary secretaries places additional financial strain on state resources.
Blurred Roles
The lack of clear constitutional or statutory backing leads to ambiguity in their roles and responsibilities, creating inefficiencies in governance.
Way Forward
Legislative Clarity
Amendments to the Constitution or enactment of specific legislation are required to define and regulate the role of parliamentary secretaries.
Judicial Oversight
Continued judicial intervention is essential to ensure adherence to constitutional provisions.
Governance Efficiency
Alternatives, such as empowering bureaucrats or streamlining ministerial responsibilities, can be explored to avoid the need for parliamentary secretaries.
Practice Question
Consider the following statements regarding the appointment of Parliamentary Secretaries:
Parliamentary secretaries are explicitly provided for under the Indian Constitution.
Their appointment is subject to the provisions of Article 164(1A).
Several High Courts have declared the appointment of parliamentary secretaries unconstitutional.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 3 only
Answer: (b) 2 and 3 only
Explanation:
Statement 1 is incorrect; the Indian Constitution does not explicitly provide for parliamentary secretaries.
Statement 2 is correct; their appointment is indirectly affected by Article 164(1A), which limits the size of the council of ministers.
Statement 3 is correct; various High Courts have ruled their appointments unconstitutional due to conflict with Article 164(1A).
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