Law allows 1 secy not 21: Centre
City can have only 1 parliamentary secretary attached to CM
Opposing the appointment of 21 parliamentary secretaries by the Aam Aadmi Party government, the Centre on Wednesday told the Delhi high court that it could have only one attached to the chief minister of Delhi as per the existing provisions of law.
“That the post of parliamentary secretaries neither finds place in the Constitution of India, nor does it find place in the Delhi Members of Legislative Assembly ( Removal of Disqualification) Act of 1997, except for the post of parliamentary secretary to the chief minister.
“Therefore, appointment of 21 parliamentary secretaries vide the impugned order dated March 13, 2015, is not covered by the law,” the ministry of home affairs ( MHA) told a bench of Chief Justice G. Rohini and Justice Sangita Dhingra Sehgal.
The MHA, represented by Central government standing counsel Jasmeet Singh, made the submission in an affidavit filed in response to the court’s notice to the Centre on a PIL filed by an NGO seeking quashing of chief minister Arvind Kejriwal’s March 13 order appointing 21 AAP MLAs as parliamentary secretaries.
In its affidavit, the MHA also said the Delhi government had tried to legalise the appointment of the 21 parliamentary secretaries by amending the Delhi Members of Legislative Assembly ( Removal of Disqualification) Act, but the President has withheld his assent to the amendment bill.
The high court did not hear arguments in the matter on Wednesday after the Delhi government said that a petition has been moved before Election Commission for disqualification of the 21 MLAs and the poll panel has issued notice in that.
The bench, thereafter, listed the matter for hearing on September 8.
On October 7 last year, the AAP government had defended its order 21 AAP MLAs as parliamentary secretaries, saying this was done to assist the ministers and ensure harmonious functioning.
The AAP government had told the court that no office akin to the council of ministers has been created and no additional hierarchy imposed upon the Legislative Assembly.
It had also stated that the parliamentary secretaries were not given any access to confidential documents which are exclusively within the domain of the minister. The NGO, Rashtriya Mukti Morcha, had claimed in its plea that the chief minister had issued “unconstitutional and illegal order” in gross violation of the constitutional provisions and the Transaction of Business of the Government of the National Capital Territory of Delhi rules, 1993.