Delhi HC quashes appointment of 21 AAP MLAs as Parliamentary Secretaries

The Delhi High Court has set aside the AAP government’s order appointing 21 MLAs as Parliamentary Secretaries since it lacked the approval of the Lieutenant Governor (LG), the administrative head of Delhi.

• The Election Commission will now decide whether to continue hearing a petition asking for the disqualification of the legislators.

Background:

The Delhi government had in March last year appointed 21 of its MLAs as parliamentary secretaries in various ministries to speed up public work.

• Following criticism by members of the opposition, who called it unconstitutional, the government passed a bill was which intended to provide security cover for those legislators appointed as parliamentary secretaries.
• Through the bill, the Delhi government had sought an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997. The bill aims to exclude the post of parliamentary secretary from the office of profit and exempt the post from disqualification provisions.

What has the court said?

The court has held that it is mandatory under the constitutional scheme to communicate the decision of the council of ministers to the Lt. Governor even in relation to the matter in respect of which power to make laws has been conferred on the Legislative Assembly of NCT of Delhi under Article 239AA of the Constitution and an order thereon can be issued only where the Lt Governor does not take a different view and no reference to the Central government is required.

What the law says?

Section 15 of the government of NCT of Delhi Act, 1991 says a person shall not remain an MLA if he or she holds any office of profit under the Centre or government of a state or UT.