SHILLONG, APR 21: Meghalaya Governor V Shanmuganathan on Thursday assured to examine and act on the ‘unconstitutional’ appointment of 18 parliamentary secretaries by the state government.
The assurance was given to a delegation of the Hill State People Democratic Party (HSPDP) who met the Governor in the Raj Bhavan on Thursday.
The HSPDP has been demanding striking down of the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005.
The Act which equated the rank of a parliamentary secretary to that of a minister is in violation of the Constitution (Ninety-First Amendment) Act, 2003 which restrict the size of ministry in small states to twelve.
“He (governor) has assured us that he would examine and act accordingly on this regard,” HSPDP chief Ardent Miller Basaiawmoit told reporters after the meeting.
Referring to the rulings passed by the Himachal Pradesh and Kolkata High Courts which struck down the PS Act in those states, Basaiawmoit said, “Similarly, the Act of 2005 here has become invalid.”
Recently, the state cabinet had approved the Meghalaya Parliamentary Secretary (Appointment, Salaries, Allowances and Miscellaneous Provisions) (Amendment) Ordinance, 2016, which sought to delete the clause which has equated the rank of the parliamentary secretary to that of a minister.
Pointing out at Article 213 of the constitution, Basaiawmoit said, “It has clearly stated that provided that the Governor shall not, without instruction from the President, promulgate any ordinance if an Act of the Legislature of the State containing the same provisions would under this Constitution have been invalid unless, having been reserved for the consideration of the President, it had received the assent of the President.”
He termed the state government move to introduce the ordinance only to protect the legislators who are holding the post of parliamentary secretary.
Referring to the resignation of one of the parliamentary secretaries, the HSPDP leader said, “Instead of facilitating the others to do the same, this government has brought this ordinance to protect them.”
According to him, it is clear that notwithstanding the limited roles the appointment of parliamentary secretaries is just to ensure stability of the government.
When asked if the party would demand for keeping the ordinance in abeyance, Basaiawmoit said that the matter was also discussed and the governor assured that he would examine before giving his assent.
Meanwhile, a PIL has also been filed before the Meghalaya High Court seeking its intervention into the issue.-By Our Reporter
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