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January 27, 2018

Press Note Eng. Dt: 27.01.2018 Judgment of Supreme Court on Appointment of Parliamentary Secretary

Office of Shaktisinh Gohil

National Spokesperson, AICC

  Press Note                                                                                                                 Dt:  27th January, 2018   

             It is learnt that ruling BJP in Gujarat is going to appoint Parliamentary Secretaries to manage growing dissent in the party regarding accommodation in the cabinet. This is unconstitutional and governor should not allow Chief Minister Vijay Rupani to go for this undemocratic and unconstitutional extension of his government. Asserting this national spokesperson of congress, Shaktisinh Gohil has written a letter to the Gujarat governor placing legal facts as elaborated in Supreme Court judgment and constitutional amendment. He pointed out that in a recent judgment on PIL 30/2005 Supreme Court held that the concept of Parliamentary Secretary with powers and salaries like minister was unconstitutional and state government have no power to frame any law about this.

          Jumbo ministries have become a matter of past as both the houses of Parliament passed a bill restricting the size of the ministry to 15 percent 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 percent of the strength of the House.

          Despite such clear picture, Rupani government is planning to induct Parliamentary Secretaries. Rupani has left out many able and senior elected nor it has maintained any regional or caste balance in his ministry and how he is trying to make up for this through illegal and unconstitutional channel of parliamentary secretary.

          He drew the attention of the governor to his constitutional responsibility that as the head of the state he should not approve anything which is illegal and unconstitutional.

 

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