The Himachal Pradesh High Court has ruled that the Parliamentary Secretaries Act 2006 exceeds the legislative authority of the state legislature.
The Himachal Pradesh High Court has annulled the law concerning MLAs, stating that the H.P. Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges & Amenities) Act, 2006 exceeds the legislative authority of the State Legislature. The Court reviewed several petitions focused on whether the Himachal Pradesh Legislature had the power to enact this law. A Division Bench, including Justice Vivek Singh Thakur and Justice Bipin Chander Negi, noted that while the Court must assess if a case is genuinely in the public interest or serving another agenda, a public interest litigation cannot be dismissed solely because the petitioner is from a competing political party.
The H.P. Parliamentary Secretaries Act, 2006 established the role of Parliamentary Secretary for Members of the Himachal Pradesh Legislative Assembly. The petitioners were BJP MLAs from H.P. The State was represented by the Chief Secretary, with the Secretary to the Governor and Principal Secretary Finance as additional respondents. The Deputy Chief Minister was initially included in the case due to challenges against his appointment, but his name was later removed as the issue was not pursued during the proceedings. The other respondents included the Chief Parliamentary Secretaries.
In this context, the High Court stated that individuals with political ties have the right to file public interest litigations just like anyone else. The Court will evaluate the legitimacy of the litigation on a case-by-case basis, considering the specifics of each complaint.
The Court ruled that all actions taken after the appointment of the Respondents were illegal, unconstitutional, and invalid from the start. It stated that because the challenged Act is invalid from the beginning, the Respondents have been unlawfully occupying public office since their appointment. Therefore, they cannot remain in their positions due to their illegal and unconstitutional appointment.
As a result, they will no longer hold the positions of Chief Parliamentary Secretaries, and this comes with all necessary consequences. The Court also declared that any protection given to their appointment under Section 3(d) of the Himachal Pradesh Legislative Assembly Members (Removal of Disqualifications) Act, 1971 is also illegal and unconstitutional, making any claims for such protection meaningless. The Court emphasized that the legal consequences will follow immediately. Consequently, the High Court approved the Petitions and instructed the AAG to inform the Chief Secretary and others involved for prompt action on the Judgment.
Cause Title: Satpal Singh Satti & Others v. State of Himachal Pradesh & Others (Neutral Citation: 2024:HHC:11250-DB)
