In a petition filed in the High Court of Meghalaya, Madal Sumer has questioned the validity of the Meghalaya Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2005, on the ground that the enactment was violating the mandate of Clause (1-A) of Article 164 of the Constitution and also the requirements of Articles 154, 162 and 246.
A Division Bench of the Meghalaya High Court on Thursday reserved its judgment on the legality of appointing legislators as parliamentary secretaries.
The Petitioner further said with the submissions that the law-making power of the State Legislature does not extend for enacting such legislation.
Hearing the PIL challenging the legality of appointing legislators as parliamentary secretaries, the bench comprised of Chief Justice Dinesh Maheshwari and Justice Ved Prakash Vaid reserved the order after hearing the matter.
The Supreme Court had declared unconstitutional a law enacted by Assam in 2004 that allowed appointment of parliamentary secretaries with the rank of minister of state.
Last year, even the Delhi High Court quashed the appointment of 21 parliamentary secretaries but some local legal experts had argued that Meghalaya’s case was different because the state government had already framed rules.