Shimla (Himachal Pradesh) [India], November 13 : The Himachal Pradesh High Court's decision regarding the appointment and role of the Chief Parliamentary Secretaries (CPS) has sparked a wave of responses from state political leaders, with reactions ranging from support to plans for appeal.
The court recently declared the appointments of the CPSs unconstitutional, mandating the withdrawal of their facilities and suggesting the suspension of six MLAs.
Former Chief Minister and Leader of Opposition Jai Ram Thakur strongly endorsed the court's decision, reiterating his stance that the CPS appointments were unconstitutional.
"From day one, we have been saying that the appointment of the chief parliamentary secretaries (CPS) by the Himachal Pradesh government is unconstitutional," Thakur said.
He welcomed the judgement and added, "The High Court has stated that the facilities given to the chief parliamentary secretaries (CPS) be withdrawn and also said that their appointment is illegal and unconstitutional... The membership of the six MLAs could also be suspended. The CPSs were functioning at the same level as Cabinet Ministers and were checking file records."
Thakur's support for the verdict underscores the BJP's long-standing opposition to these appointments.
In response, Chief Minister Sukhvinder Singh Sukhu expressed a measured stance, stating that he had not yet reviewed the verdict in full. "I have not read the HC verdict so far," he said, adding that the ruling would be analysed in detail. "If it is as you say, we will analyse it and discuss it with the concerned officers and the cabinet."
Sukhu's remarks were followed by a statement from the Advocate General, who announced that the state government would likely take the matter to the apex court, challenging the High Court's ruling.
Congress MLA Kishori Lal also addressed the High Court's order, affirming the Congress party's respect for the judiciary. "We respect the High Court's order," he stated, downplaying the extent of facilities they would lose due to the ruling. "We did not have a lot of facilities to be taken back," Lal remarked, implying that the impact of the judgement may be less significant than anticipated.
Adding to the discussion, Congress MLA and one of the six CPSs, Mohan Lal Brakta, expressed his respect for the court's decision. "We respect today's verdict of the HC," Brakta said, clarifying that he had not fully read the judgement yet.
He also addressed the issue of facilities provided to CPSs, denying that they were comparable to those received by ministers. "It's not like the CPSs were getting facilities equivalent to a minister," Brakta asserted, mentioning that he had already returned his government vehicle before the ruling. "Whatever the CM will direct us, we will take legal opinion and will do that."
The High Court's decision has placed the government and opposition at odds, with the ruling Congress contemplating an appeal and the opposition BJP steadfastly supporting the court's stance. This development brings into question the legal foundations of the CPS appointments, setting the stage for a potential legal battle in India's apex court.
In January 2023, the Himachal government appointed six Congress MLAs to serve as chief parliamentary secretaries.
The appointees included Sunder Singh Thakur representing Kullu Assembly Constituency, Mohan Lal Brakta from Rohru Assembly Constituency in Shimla district, Ram Kumar Chaudhary from Doon Assembly Constituency in Solan district, Ashish Butail from Palampur Assembly Constituency, Kishori Lal from Baijnath Assembly Constituency in Kangra district, and Sanjay Awasthi from Arki Assembly Constituency in Solan district.
The appointment of chief parliamentary secretaries was challenged in the High Court by 10 BJP MLAs and an individual petitioner.