The Supreme Court has granted interim relief to six Congress MLAs from Himachal Pradesh, staying the High Court’s order to disqualify them following their removal as Chief Parliamentary Secretaries (CPS). The apex court’s decision comes as a reprieve for the Sukhu-led Congress government, which has faced legal challenges to its CPS appointments under the now-invalidated 2006 CPS Act.
A bench comprising Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar ruled on Friday that while the six MLAs—Sanjay Awasthi (Arki), Sunder Singh (Kullu), Ram Kumar (Doon), Mohan Lal Brakta (Rohru), Ashish Butail (Palampur), and Kishori Lal (Baijnath)—will retain their membership in the Legislative Assembly, no new CPS appointments will be allowed. The court emphasized that any such appointments would be considered illegal.
Supreme Court Takes Up Nationwide CPS Disputes
During the hearing, the court announced that it would consolidate and review similar cases from other states, including West Bengal, Chhattisgarh, and Punjab, to determine the constitutional validity of CPS appointments. It has set the next hearing for January 20, 2025, and directed all parties to file their affidavits within two weeks.
The Himachal Pradesh government challenged the High Court’s November 13 verdict, which declared the 2006 CPS Act and Section 3(D) of the Himachal Pradesh Legislative Assembly Member Disqualification Act, 1971, unconstitutional. This section had provided protection to CPS appointees from disqualification.
Legal Arguments and Broader Implications
Representing the state government, senior advocates Kapil Sibal and Abhishek Manu Singhvi argued that the High Court’s judgment was flawed, particularly its reliance on paragraph 50, which they claimed lacked clarity and legal basis. Advocate General Anoop Ratan underscored that CPS posts had been in existence across India for decades, with Himachal Pradesh adopting them 18 years ago to enhance governance and support public welfare initiatives.
The opposing counsel referred to the Supreme Court’s 2022 decision to strike down a similar CPS law in Manipur, asserting that consistency demanded the Himachal Pradesh Act also be invalidated.
The Supreme Court, while staying the disqualification proceedings, indicated that the constitutional status of CPS appointments requires careful examination. The apex court stated, “The judgment’s interpretation of paragraph 50 appears prima facie incorrect.”
Advocate General Anoop Ratan said, “The Supreme Court’s interim relief ensures that the MLAs can continue their legislative duties without immediate threat of disqualification. We have assured the court that no new CPS appointments will be made until the issue is resolved.”
Background of the Controversy
The Himachal High Court struck down the CPS Act, citing it as unconstitutional, which led to the resignation of six MLAs from their CPS posts. This created confusion regarding their legislative membership, which the Supreme Court temporarily resolved.
The Supreme Court’s decision to hear CPS-related disputes from various states together could set a critical precedent for the legality of such appointments nationwide. For now, the Himachal Pradesh government has secured a crucial respite in the ongoing legal battle.
