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Parliamentary Secretary - doubts

can someone please clarify the issue about MLAs being appointed as parliamentary secretary (PS) ? Why is the recent AAP appointment an issue? Arent MLAs appointed as PSs all the time? Or is it that every time an MLA is appointed to the post of PS, he ceases to become an MLA/MP?


  • edited June 2016
    Issue 1. Conflict between the duties and interests of an elected member(MP or MLA) Vs as a parliamentary secy
    As MP/MLA - his/her duty is to hold govt accountable for its work ..
    As Parl Secy - which is considered as an OoP, s/he is prone to govt. pressure and his interest might get influenced. Like in Delhi, 21 MLAs were working under various delhi govt. Ministers as their junior minister.

    Issue 2. Constitutional cap of 15% on no. of ministers in union or state cabinet. For delhi its 10%.
    Parl Secy have rank and power of a minister - irrespective of remuneration.
    Delhi assembly has 70 seats, so 10% = 7 ministers (including CM). However, with appointment of 21 MLAs as Parl Secy, it had 28 people in cabinet, which is 40% (thus breaching 10% cap put by Const).
    Therefore to bypass these provisions, AAP govt. passed a bill in assembly which said that Parl Secy will not be considered as a OoP as defined in Art. 191(1)(a). Since Delhi is a special state, any bill passed by Leg. assembly, has to get assent of Lt. Gov and President, to become an act. So, when it went to President, the assent on the bill was refused.

    So, now the 21 MLAs appointed as Parl Secy became illegal and if the Election Commission now, declares those 21 MLAs election as null and void [as per its const powers and reading Art. 102(1)(a) and 191(1)(a)], then AAP govt. will lose its majority in house and a mid-term election has to be called in the state.

    However, AAP govt. says it will challenge the verdict of EC whenever it comes.
    Indian Foreign Service | Career Diplomat
  • but AAP is saying those positions were not office of profit.. how far is it true?
    wind power α v^3. That's how speed matters to generate power required to drive upsc exam.
  • edited June 2016
    Good Bye. See you Later.
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