What is Parl Secy business : SC asks Nagaland CM
The Supreme Court on Monday sought explanation from the Centre and the Nagaland government on the plea challenging legality of Parliamentary Secretaries masquerading as cabinet and state ministers over-riding the law against jumbo cabinet.
By Sanjay K Singh, ET Bureau |
NEW DELHI : The Supreme Court on Monday sought explanation from the Centre and the Nagaland government on the plea challenging legality of Parliamentary Secretaries masquerading as cabinet and state ministers over-riding the law against jumbo cabinet.
A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam also issued notice to chief minister Neiphiu Rio, the leader of the Democratic Alliance of Nagaland. The court also sought response from 13 Parliamentary Secretaries appointed by the present DAN government in Nagaland on a PIL seeking quashing of their appointment.
Senior Counsel Colin Gonsalves said that appointment of the Parliamentary Secretaries with all the trappings of the ministerial power violated the law.
Constitution (Ninety First Amendment) Act, 2003, provides that the total number of ministers including the chief ministers in the council of ministers in a state shall not exceed 15% of the total number of members of the legislative assembly of that state.
The petition further asked: ���Whether in view of the provisions of the Article 164(2) and (3) of the Constitution, the state of Nagaland can have a new political executive known as Parliamentary Secretary who can exercise executive power without any responsibility and accountability to the legislative assembly and whether it amounts to violation of the principles of collective responsibility of the council of ministers to the legislative assembly of the state?���
It is submitted that with the appointments of Parliamentary Secretaries, there exists two categories of political executive- one which is responsible and accountable to the legislative assembly and the other referred to as Parliamentary Secretaries who are not responsible and accountable to the legislature.
A bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam also issued notice to chief minister Neiphiu Rio, the leader of the Democratic Alliance of Nagaland. The court also sought response from 13 Parliamentary Secretaries appointed by the present DAN government in Nagaland on a PIL seeking quashing of their appointment.
Senior Counsel Colin Gonsalves said that appointment of the Parliamentary Secretaries with all the trappings of the ministerial power violated the law.
Constitution (Ninety First Amendment) Act, 2003, provides that the total number of ministers including the chief ministers in the council of ministers in a state shall not exceed 15% of the total number of members of the legislative assembly of that state.
The petition further asked: ���Whether in view of the provisions of the Article 164(2) and (3) of the Constitution, the state of Nagaland can have a new political executive known as Parliamentary Secretary who can exercise executive power without any responsibility and accountability to the legislative assembly and whether it amounts to violation of the principles of collective responsibility of the council of ministers to the legislative assembly of the state?���
It is submitted that with the appointments of Parliamentary Secretaries, there exists two categories of political executive- one which is responsible and accountable to the legislative assembly and the other referred to as Parliamentary Secretaries who are not responsible and accountable to the legislature.
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