Himachal Pradesh Court Ruling: CPS Appointments Deemed Unconstitutional
In a historic decision, the Himachal Pradesh High Court has ruled the appointment of Chief Parliamentary Secretaries as unconstitutional. This mandates the revocation of all CPS positions and benefits. The ruling, prompted by a challenge from BJP MLAs, may have profound implications for similar legislation in other states.
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In a historic verdict, the Himachal Pradesh High Court has declared the appointment of Chief Parliamentary Secretaries (CPS) unconstitutional. The 2006 Act, which governed these appointments, has been invalidated, leading to the immediate withdrawal of all CPS positions and associated privileges. This decisive action curtails the functioning of CPSs in their current role within the government.
The ruling will face a challenge from the Himachal Pradesh state government and CPSs, as they plan to appeal the decision in the Supreme Court. Pronounced by a division bench of Justice Vivek Singh Thakur and Justice Bipin Singh Negi, the court found the 2006 Act lacking constitutional validity, following a legal contest initiated by BJP MLAs under the leadership of Satpal Sati.
Advocate Veerbahadur Verma, representing the BJP petitioners, affirmed the court's acknowledgment of the Act's unconstitutionality, emphasizing the legislative overreach that accorded CPSs privileges akin to ministers. The decision also opens potential repercussions for similar laws in Bengal, Punjab, and Chhattisgarh, pending review by the apex court.
(With inputs from agencies.)
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