Himachal Pradesh High Court Strikes Down CPS Law: A Major Ruling on the Constitutional Validity of Chief Parliamentary Secretary Appointments

In a landmark ruling on Wednesday, the Himachal Pradesh High Court declared the appointments of Chief Parliamentary Secretaries (CPS) unconstitutional, effectively nullifying the CPS Act. With this decision, all benefits and privileges previously granted to CPS appointees will be withdrawn, restricting the six current CPS members to their roles solely as legislators. The court’s decision holds significant constitutional weight and puts an end to a years-long debate on whether these appointments adhere to the principles outlined in India’s constitution.

The decision stems from a petition originally filed in 2016 by an organization called People for Responsible Governance. Other petitions followed, including one from BJP leader and former CPS, Satpal Satti, along with 11 other BJP legislators. These petitions raised crucial questions about the legality of appointing CPSs in the state and challenged the law that first established CPS roles in Himachal Pradesh back in 2006.

This legal matter has its roots in the state’s 2006 legislation, which allowed the BJP government to appoint some of its MLAs as CPSs. Recently, the Congress government also appointed six legislators to CPS roles, reigniting controversy. In response to the legal challenge, the government retained two senior Supreme Court advocates to defend its stance, highlighting the high stakes involved. However, the court’s judgment has now clarified that the appointments are, in fact, unconstitutional.

The ruling particularly emphasizes Article 164 of the Indian Constitution, which stipulates limits on the number of ministers in a state. According to the 2003 amendment to Article 164, the number of ministers in a state must not exceed 15% of the total number of legislators. With 68 legislative seats in Himachal Pradesh, this cap restricts the state to a maximum of 12 ministers. The CPS appointments, therefore, posed a constitutional conflict by creating additional de facto ministerial positions that bypassed this legal threshold.

By striking down the CPS law, the High Court has sent a strong message about upholding constitutional limits and maintaining a lean and efficient government structure. This decision not only impacts Himachal Pradesh but also sets a precedent for similar cases across India, where states have adopted the CPS system to circumvent constitutional caps on ministerial positions. The court’s ruling underscores the need for transparency and adherence to constitutional limits in government appointments, ensuring that executive decisions remain accountable to the law.

This decision marks a major milestone in constitutional law, reinforcing the boundaries set by the Constitution and demanding greater accountability from elected officials. By curbing the misuse of CPS appointments, the High Court has highlighted the importance of constitutional integrity over political expediency. This ruling may compel other states to reevaluate their CPS appointments and bring their practices into alignment with constitutional mandates.

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