State can’t legislate on appointments of CPSes: HC

CHANDIGARH: A division bench of Punjab and Haryana high court on Tuesday said the state can’t legislate on the appointments of chief parliamentary secretaries (CPSes).

The remarks from the high court bench of justice SS Saron and justice Darshan Singh came during the resumed hearing of a petition in which such appointments done by the Haryana government are under challenge.

The courts observation, though oral, assumes significance as the Punjab government is contemplating to bring a legislation to make appointments of CPSes.

“…In our opinion state can’t legislate (on these appointments). It is a constitutional issue. Parliament can (enact a law)…,” the high court bench observed, asking additional solicitor general Satya Pal Jain if there was any such proposal before the Centre. Replying to court’s question, Jain said there was no such proposal as of now.

In this petition, appointments of four CPSes by Haryana government — Shyam Singh, Bakhshish Singh Virk, Seema Trikha and Kamal Gupta — are under challenge on the ground that Constitution does not permit the same. The appointments were made in July 2015.

Similar two dozen appointments done by the previous Parkash Singh Badal-led government were quashed by the high court in August 2016, holding that these were unconstitutional. The state government had moved the Supreme Court but it had refused to stay the high court order. The high court had observed in the judgment that the CPSes were acting as “junior ministers” in contravention of the Constitution’s intent to limit the council of ministers to 15% of the legislature’s strength.

Such posts are not part of regular services of the state under the executive but a roundabout way of bypassing the Constitutional mandate. There is no post of parliamentary secretary or chief parliamentary secretary in the Constitution, the HC had stated.

Meanwhile, during the hearing on Tuesday, the Haryana government sought two week’s adjournment. However, the court refused the same as petitioner Jagmohan Bhatti argued that if matter is adjourned for such a long period then the benefits being extended to CPSes should be withdrawn.

The matter will be now taken up on Wednesday.