HC ruling against post of Parliamentary Secretary It’s up to the Governor to disqualify the 12 MLAs : O Joy

By Our Staff Reporter
IMPHAL, Sep 20: The 12 MLAs who held the post of Parliamentary Secretary can be disqualified in accordance with the Constitution but it is upto the Governor whether they should be disqualified or not, asserted veteran politician O Joy.
Speaking to media persons this afternoon, O Joy remarked that the High Court of Manipur passed a landmark judgement on Friday by ruling that the Manipur Parliamentary Secretary (Appointment, Salary, and Allowances and Miscellaneous Provisions) Act 2012 and the Manipur Parliamentary Secretary (Appointment, Salary, and Allowances and Miscellaneous Provisions) Repealing Act 2018 are both invalid and unconstitutional.
It was a watershed judgement in the judicial history which can cause deep impact in the electoral politics of Manipur, Joy said.
He said that Article 164 of the Constitution was amended in 2003 and the amended Article came into effect from January, 2004 as Article 164-1(A).
In accordance with Article 164-(1)A, the strength of the Council of Ministers was reduced to 15 per cent of the total strength of the Legislative Assembly. Accordingly, Manipur should have only nine Ministers but there is a provision in the same Article which says that small States like Manipur may have not more than 12 Ministers, Joy said.
Article 191 gives five reasons for disqualification of an MLA. According to Article 191-1A, an MLA may be disqualified if he/she had held office of profit.
Some MLAs were appointed as Parliamentary Secretaries in Assam under  the Parliamentary Secretary (Appointment, Salary, Allowances and Miscellaneous Provisions) Act on April 13, 2006.
The appointed was challenged at the Gauhati High Court and the case was later transferred to the Supreme Court.
The case was clubbed together with a similar case         filed from Himachal Pradesh.
The basic argument against appointment of Parliamentary Secretary is that Parliamentary Secretaries often work as Ministers and when they function as Ministers, it violates Article 164-1A, Joy elaborated.
Altogether 12 Parliamentary Secretaries were appointed in Manipur. They were sworn in and their status was said to be similar to those of Minister of State.
They were given portfolios, offices as well as staff and they drew salary from GAD. They did not draw salaries of being MLAs, he continued.
Regarding the appointment of Parliamentary Secretaries in Assam, the Supreme Court pronounced that the law enacted by the Assam Legislative Assembly under which the Parliamentary Secretaries were appointed was invalid.  
Significantly, the appointment of 12 Parliamentary Secretaries in Manipur was effected under an Act enacted in line with the Act enacted in Assam which was declared unconstitutional by the Supreme Court, Joy remarked.
All those 12 MLAs who held the post of Parliamentary Secretary which had been declared unconstitutional by the Supreme Court can be disqualified under Article 191-1A and details of how they should be disqualified are given in Article 192. It said that the Governor’s words would be final on disqualification of MLAs who had held the post Parliamentary Secretary, asserted the veteran politician.
According to Article 192, the Governor may consult the Election Commission of India before taking a final decision on such matters, he said. He then asserted that it would be wise on the part of the Governor of Manipur to seek advice from the Election Commission of India on the matter.