Gujarat CM plans to appoint parliamentary secretaries; Congress leader warns: I will drag you to court

By Our Representative
In a move that has made Opposition Congress raise eye-brows, Gujarat chief minister Vijay Rupani has begun consultations to appoint parliamentary secretaries, allegedly to manage "growing dissent" in the party because of failure to satisfy all the groups -- caste and regional -- seeking ministerial berth.
Talking with Counterview on the sidelines of a media conference on the issue, Congress' all-India spokesperson Shaktisinh Gohil revealed, things have gone so bad that BJP MLAs have been frankly discussing with Congress leaders about how Rupani is trying to assuage the MLAs' dissatisfaction by making this offer.
"At least two senior BJP MLAs, whose names I would not like to reveal, have approached me to find out whether the offer, if accepted, could be challenged in the court of law. I have told them, in the light of the Supreme Court judgment of July 2017, no state government can appoint parliamentary secretaries. The judgment bars states to even enact law on this", Gohil said.
If the ruling party's appoints parliamentary secretaries, it would be considered is illegal, as under the law, it cannot appoint more than 15% of its MLAs' strength as ministers. Holding the office of parliamentary secretaries over and above the 15% MLAs' strength would amount to giving them the right to enjoy salaries and perks equal to a minister, as also peruse files.
The MLAs as parliamentary secretaries would, therefore, be holding "office of profit", as their appointment would be in conflict with their duties and interests as elected members.
Himself a senior Gujarat High Court advocate, Gohil said, "I warned these MLA, that if Rupani decides to appoint them as parliamentary secretaries in Gujarat, I would challenge it in the court, as it would be a contempt of the Supreme Court judgment. The judgment is absolutely clear: It bars any such appointments under whatever circumstances."
Pointing out that he has already written a letter the Gujarat governor telling him how the move is "undemocratic and unconstitutional", Gohil insisted, "The governor should not allow the chief minister to go for this undemocratic and unconstitutional extension of his government."
"In my letter to the governor, I have placed all the legal facts as elaborated in the Supreme Court judgment and constitutional amendment", he said.
The Supreme Court judgment was in response to a 2005 public interest litigation (PIL), in which a three person bench ruled that the concept of parliamentary secretary with powers and salaries like minister was unconstitutional and state governments have no power to frame any law about this. I will surely win the case."
Gohil's tough stance comes amidst a raging controversy around the Election Commission of India (ECI) disqualifying 20 Aam Aadmi Party MLAs as they were appointed parliamentary secretaries by Delhi chief minister Arvind Kejriwal in "violation" of the apex court order. The previous Gujarat government, also under Rupani, had 11 parliamentary secretaries.
Addressing the media for the first time after his surprise defeat in the Gujarat state assembly elections, held last month, Gohil said, "Jumbo ministries have become a matter of the past as both the houses of Parliament passed a bill restricting the size of the ministry to 15% of the total number of MLAs of a state."
"This has been made a law as the President has cleared it. Now, no government can appoint parliamentary secretary, nor it can have ministers more than 15% of the strength of the House", the senior state Congress leader said, adding, "Despite such clear picture, the Rupani government is planning to induct parliamentary secretaries."

Comments

K SHESHU BABU said…

Appointments of personal secretaries by various governments have been done to appease politicians. While some parties like AAP have been questioned, other parties have not been asked to explain reasons. This is double standard. The Supreme Court should lay down standard directives so that every party in power follows the set guidelines

January 28, 2018

Modi win may force Pak to put Kashmir on backburner, resume trade ties with India

By Salman Rafi Sheikh* When Narendra Modi returned to power for a second term in India with a landslide victory in 2019, his government acted swiftly. Just months after the election, the Modi government abrogated Article 370 of the Constitution of India. In doing so, it stripped the special constitutional status conferred on Jammu and Kashmir, India’s only Muslim-majority state, and downgraded its status from a state with its own elected assembly to a union territory administered by the central government in Delhi.

Tyre cartel's monopoly: Farmers' groups seek legal fight for better price for raw rubber

By Our Representative The All India Kisan Sabha and the Kerala Karshaka Sangham that represents the largest rubber producing state of Kerala along with rubber farmers have sought intervention against the monopoly tyre companies that have formed a cartel against the interests of consumers and farmers. Vijoo Krishnan, AIKS General Secretary, Valsan Panoli, Kerala Karshaka Sangham General Secretary, and four farmers representing different rubber growing regions of Kerala have filed an intervention application in the Supreme Court.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah* The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

'Assault on civic, academic freedom, right to dissent': TISS PhD student's suspension

By Our Representative The Mumbai-based civil rights group All India Secular Forum (AISF) has said that the suspension of Tata Institute of Social Sciences (TISS) PhD student Ramadas Prini Sivanandan (30) for two years for allegedly indulging in activities which were "not in the interest of the nation" is meant to send out the message that students and educational institutes will be targeted if they don’t align with the agenda and ideology of the ruling regime. TISS in a notice served to Ramadas has cited that his role in screening the documentary 'Ram Ke Naam' on January 26 as a "mark of dishonour and protest" against the Ram Mandir idol consecration in Ayodhya. Another incident cited in the notice was Ramadas’ participation in the protest against unfair government policies in Delhi under the banner of the Progressive Students' Forum (PSF)-TISS. TISS alleges the institute's name was "misused", which wrongfully created an impression that

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor* Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Indian authorities 'ignoring' renewable energy sources not requiring high voltage power lines

By Shankar Sharma* Recent media reports greatly appreciating a recent order of the Supreme Court bench on climate action in India should also be seen in the context of threats to the Great Indian Bustard. The judgement is being hailed as very important for the success of climate action in India. The associated observation by the honourable Court that climate crisis impacts citizens’ right to life is being deemed as critical in the long-term welfare of our people.

As inequality afflicts voters, Ambanis seem 'happily honest' flexing economic power

By Sonali Kolhatkar* There are several exercises in extremes playing out in India right now. Nearly a billion people are voting in elections that will last into early June, braving record-high temperatures to cast ballots. Against this backdrop, Asia’s richest man, Mukesh Ambani , is throwing what will likely be the world’s most expensive wedding for his youngest son.

Congress manifesto: Delving deep into core concepts related to equity, social justice?

By Prof RR Prasad* The deafening current clamor on one of the agenda items of the 2024 Congress Party Election Manifesto has made common people to ponder whether ideologies like social justice and equity could become conundrum and contentious manifestations of some organization's vision and mission.

Climate crisis: Modi-led BJP 'refraining from phasing out coal production, emissions'

By Our Representative Civil society groups have released a charter of demands for securing climate justice and moving towards a just transition, demanding review and reframing of India’s Climate Action Policy Framework. The charter says that while the daily summer temperature in the country has already begin to roar sky high, millions of people in India are heading to the booths to cast their vote in this scorching heat. The everyday impacts of extreme weather events, a result of the climate crisis, has become alarmingly threatening.

India's "welcome" proposal to impose sin tax on aerated drinks is part of to fight growing sugar consumption

By Amit Srivastava* A proposal to tax sugar sweetened beverages like tobacco in India has been welcomed by public health advocates. The proposal to increase sin taxes on aerated drinks is part of the recommendations made by India’s Chief Economic Advisor Arvind Subramanian on the upcoming Goods and Services Tax (GST) bill in the parliament of India.

Search This Blog