High Court of Himachal Pradesh Declares Parliamentary Secretaries Act Unconstitutional

Background

In a significant ruling on November 13, 2024, the High Court of Himachal Pradesh addressed the constitutionality of the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006. The case involved two petitions: CWP No. 2507 of 2023, filed by members of the Bharatiya Janata Party (BJP), and CWPIL No. 19 of 2023, filed by advocate Kalpana Devi . The central legal question was whether the Himachal Pradesh Legislature had the authority to enact the 2006 Act, which created the office of Parliamentary Secretary.

Arguments

The petitioners argued that the Act was unconstitutional, claiming it violated Article 164(1-A) of the Constitution, which limits the size of the Council of Ministers in a state. They contended that the Act effectively created a new class of officials with powers akin to those of ministers, thus circumventing the constitutional restrictions. The respondents, including the State of Himachal Pradesh, defended the Act, asserting that it was necessary for efficient governance and to relieve the burden on existing ministers.

Court's Analysis and Reasoning

The court meticulously analyzed the legislative competence of the Himachal Pradesh Assembly in light of the Supreme Court's ruling in Bimolangshu Roy v. State of Assam , which had previously declared a similar Act in Assam unconstitutional. The judges emphasized that the creation of the Parliamentary Secretary role under the 2006 Act was an indirect method of expanding the Cabinet, which was expressly prohibited by the Constitution. The court noted that the Act's provisions allowed Parliamentary Secretaries to perform functions closely related to those of ministers, thereby violating the constitutional limits on the size of the Council of Ministers.

Decision

Ultimately, the High Court ruled that the Himachal Pradesh Parliamentary Secretaries Act was unconstitutional and void ab initio. The court declared that all appointments made under this Act were illegal and that the individuals holding these positions were usurpers of public office. The judgment mandates immediate implementation, requiring the state government to cease the operations of the Parliamentary Secretaries and uphold constitutional integrity.

This landmark decision reinforces the importance of adhering to constitutional provisions regarding the structure and limitations of state governance.