Calcutta HC strikes down law appointing parliamentary secretaries

Kolkata, June 1: In a setback to the West Bengal’s ruling Trimool Congress, the Calcutta High Court on Monday declared as unconstitutiol a state law passed to appoint parliamentary secretaries to “aid and advise” state ministers. The Mamata Banerjee government in December 2012 passed the West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, empowering it to appoint parliamentary secretaries entitled to enjoy the status of a minister of state or deputy minister including pay and allowances. The law came into force on January 11, 2013. After the act was passed, Chief Minister Banerjee had appointed 26 of her party legislators as parliamentary secretaries assigning them to various government departments. The act was subsequently challenged before the Calcutta High Court. “We had challenged the act on the grounds that the West Bengal Legislative Assembly did not have the competence to ect such a law. “Also it was a fraud on the constitution as it bypassed Article 164 (1) which states the total number of minister in a state cannot exceed fifteen percent of the total number of MLAs,” said Bikash Ranjan Bhattacharya, who had moved the petition. “The bench of Chief Justice Manjula Chellur upheld our arguments and declared the act unconstitutiol,” said Bhattacharya. “With this verdict, the post of parliamentary secretaries has become void and all the appointments made under it now stand nullified,” he added. Welcoming the verdict, the opposition parties demanded the refund of public money that was “splurged” on the parliamentary sectaries.  (IANS)