Karnataka HC Strikes Down Parliamentary Secretaries Act

THE KARNATAKA HIGH COURT RECENTLY STRUCK DOWN THE PARLIAMENTARY SECRETARIES (SALARIES, ALLOWANCES AND MISCELLANEOUS PROVISIONS) ACT, 1963, CALLING IT ULTRA VIRES TO THE CONSTITUTION.

PARLIAMENTARY SECRETARIES ACT, 1963

•  The Act was amended in 1999.

•  The Act provides for appointment of “Parliamentary Secretaries” by the Chief Minister.

• The Act drew its mandate from Article 194 of the Constitution, which provides for the powers and immunities of State Legislatures, its Members and its Committees

•  The matter in issue was that the Act was unconstitutional and that a State Legislature cannot make such an enactment.

FUNCTIONS OF PARLIAMENTARY SECRETARIES UNDER THE ACT

•  He shall brief the concerned Minister on the subjects which involve Legislative matters;

•  He shall assist and advise to execute Legislative duties of the concerned Ministers on the floor of the House so that the business of the House could be done effectively; and

•  He shall execute the functions and duties entrusted by the concerned Minister, in respect of the Legislative matters.

KARNATAKA HC RULINGS

•  The Court struck down the Act calling it void ab initio and being ultra vires to the Constitution.

•  The Court noted that neither Article 194 nor Entry 39 of State List empowered State Legislature to create new offices.

•  The Court called the Act a “ploy” to delegate the functions and duties in respect of Legislative matters to the Parliamentary Secretary, since the functions are similar in character to those of Ministers.

• The Court also observed that Act was in violation of Article 164(1-A), since it defeats and nullifies the upper ceiling imposed by it.

ARTICLE 194 & ENTRY 39 OF STATE LIST, AND ARTICLE 164(1-A)

• Article 194 & Entry 39 of State List empowers State Legislatures to decide in matters relating to “powers and immunities” of Members.

•  Article 164(1-A) imposes a limit of fifteen percent of total Legislature on the number of Ministers.

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