SHILLONG: Meghalaya, which has 17 parliamentary secretaries, may be affected by a judgment of the Supreme Court on Wednesday that said states do not have the power to make rules or frame acts for creating such posts.
The court was hearing a case related to the appointment of parliamentary secretaries in neighbouring Assam.
A bench comprising Justice J Chelameswar, Justice R.K. Agrawal and Justice AM Sapre allowed the plea challenging the validity of the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004, saying it violated the mandate under Article 164 (1A) that stipulates an upper limit of 15 per cent as the strength of the council of ministers.
Last year, even the Delhi High Court quashed the appointment of 21 parliamentary secretaries but some local legal experts had argued that Meghalaya’s case was different because the State Government had already framed rules.
When the issue was raked up in the state last year after the powers and functions of parliamentary secretaries were equated with ministers, the State Government decided to further amend the existing Act related to parliamentary secretaries.
Following the controversies, Independent legislator from Jirang and Parliamentary Secretary Lamboklang Mylliemngap resigned from the post citing legal ground.
The remaining 17 parliamentary secretaries appointed by the government are Comingone Ymbon, Limison Sangma, Winnerson Sangma, Kennedy Khyriem, Cherak Momin, Sengnam Marak, Celestine Lyngdoh and Noverfield Marak (all Congress leaders), Marthon Sangma of NCP and Independents Samuel Sangma, Rophul Marak, Robinus Syngkon, Michael Sangma, Justine Dkhar, Ashahel D Shira, Stephanson Mukhim and Brigady Marak.
It was in 2005 that the government passed the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act equating their rank and status to that of ministers.
Moreover, the definition in the Rules of Procedure and Conduct of Business in the Meghalaya Legislative Assembly had equated the rank of the parliamentary secretary to that of a minister.
Later, the Assembly Secretariat amended the rules and during the session last September, the Meghalaya Legislative Assembly brought in an amendment to the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions (Amendment) Bill, 2014.
As per the Act, a parliamentary secretary will perform duties as may be assigned by the Chief Minister for effective and regular monitoring of development works of various departments.
The Act also says a parliamentary secretary will be entitled to salaries and allowance as per the Legislative Assembly of Meghalaya (Members Salaries and Allowances) Act, 1972.
Following this development, a PIL was filed in the High Court of Meghalaya by Madal Sumer, a resident of Jowai, challenging the legality of appointing MLAs as parliamentary secretaries. He had pointed out that it was a waste of public money. The PIL is still pending with the court.
When contacted, State counsel in the Supreme Court, Ranjan Mukherjee, said he would have to examine the Apex Court judgment before commenting on the matter.
He, however, added that if the judgment has been made generally, the order would apply to the entire country.
