Apex court has indicated its view on trend of MlAs as Parliamentary Secretaries
The Supreme Court's decision of striking down a 13-yeard old law in Assam that helped the Tarun Gogoi regime to appoint Parliamentary Secretaries, spells trouble for the Arvind Kejriwal Government. The Election Commission of India is already seized of a plea that seeks the disqualification of 21 Aam Aadmi Party legislators who were made Parliamentary Secretaries, and the apex court's verdict may well push the poll panel to quickly decide the matter keeping in view the court's order. Of course, even if the 21 ruling party MlAs of Delhi are disqualified and their disqualification is held valid by the apex court, the Kejriwal Government will not fall. However, it will be a big moral blow to the regime, and will deplete the AAP's strength in the House at a time when the party is unsure of retaining the lost seats, through by-elections. It may be recalled that the AAP had only recently lost a seat it held in a by-poll, and had been beaten by the Bharatiya Janata Party in the civic poll elections. In sum, the AAP is short of certainty in re-winning the 21 seats it may have to contest through by-elections. The Supreme Court's verdict in the Assam case should also impact the larger trend of appointing Parliamentary Secretaries by various State Governments to appease those who could not make it to the ministry. The apex court said that the Government of Assam did not have the “competence” to make the impugned Act that cleared the path for the appointment.
The Kejriwal regime has a lot to worry about. Given that the Delhi High Court had earlier struck down its decision to appoint the Parliamentary Secretaries in September last year, the regime was hoping for relief from the apex court. But the Assam judgement could pour cold water on its hopes. It may be recalled that the Tarun Gogoi Government had promulgated an Ordinance in 2004 — which eventually became a law — to clear the way for the appointment of MlAs who had lost out in ministerial berths, as Parliamentary Secretaries. There too, 21 MlAs, in two batches, were given the position. It's not just the Delhi High Court which has frowned upon the practice; two years ago, the Calcutta High Court had set aside the appointment of 24 Parliamentary Secretaries, terming the West Bengal regime’s decision as unconstitutional. The Himachal Pradesh High Court and the Bombay High Court too had quashed similar appointments on different occasions. It is clear, at least from the recent apex court verdict, that the practice of appointing MlAs as Parliamentary Secretaries has no legal sanction. The earlier this trend ends across the country, the better it will be. MlAs are empowered enough and have great responsibilities towards their constituencies, which they must fulfill. Running after loaves of office that are especially cooked to satiate their hunger for power, is unacceptable in a democracy. Besides, administration will not come to a halt in case there are no Parliamentary Secretaries.