In a serious setback to the State Government, Uttarakhand High Court has issued a notice to it, seeking an explanation on the appointment of 12 MlAs as parliamentary secretaries who have been authorised to see files as Cabinet ministers and to enjoy facilities allegedly in violation of the constitutional norms. A division bench comprising Chief Justice KM Joseph and Justice VK Bisht issued the notice on July 8 while admitting a PIl filed by state BJP general secretary Prakash Pant, challenging the appointments.
"It is a deadly blow to the Harish Rawat government dealt to it at a time when the Chief Minister seems to be breathing easy with dissidents keeping low profile. It would be interesting how the CM would wriggle out of the bind," an analyst said Twelve MlAs were appointed parliamentary secretaries by an order of Harish Rawat led Uttarakhand government dated February 9 and 13.
"We had apprised the Governor of the matter on September 2014, playing our role as the responsible Opposition. We made it clear to him that appointing 12 MlAs as parliamentary secretaries and giving cabinet ministers' rank to them by the state government amounts to flat violation of the Article 164 of the Constitution. As per the 91stamendment, the government can appoint just 15 percent of the members of the House as cabinet ministers," the petitioner said.
Parliamentary secretaries have been empowered through the government order to discharge all parliamentary and administrative duties while being provided with vehicles fitted with hooters and red beacons, besides all other facilities enjoyed by cabinet ministers, the petition claimed.
After the High Court served notice to the state government, Pant held a press conference here, demanding revocation of the "unconstitutional" appointments and recovery of the "huge amount of money" spent over providing ministerial facilities to the unconstitutionally appointed parliamentary secretaries.
He alleged that the appointments were made in violation of the 91st amendment and Article 164(1)(A) of the Constitution which limits the size of a state cabinet to 15 percent of the total strength of the state Assembly. In Uttarakhand, only 12, including the Chief Minister, can become cabinet ministers. But currently, as many as 23 MlAs are enjoying cabinet ministers' status thanks to the unconstitutional largesse, the BJP leader asserted. "Uttarakhand has a 70-member Assembly and the size of the state Cabinet as per constitutional provisions should not exceed 11 ministers," he added.
As per the government order, 12 MlAs- Ganesh Godiyal, Furkan Ahmed, Vijay Pal Sajwan, Manoj Tiwari, Hemesh Kharkwal, Umesh Sharm Kau, Prof Jeet Ram, Madan Singh Bisht, Rajkumar, Vikram Singh Negi, Shaila Rani Rawat and Sarita Arya- have been executing work as cabinet ministers in the state. On June 9, 2014 these parliamentary secretaries were empowered to use red beacons atop their vehicles and on August 29 they were authorized to avail facility equal to what the cabinet ministers are entitled.