Team  SoOLEGAL

Supreme Court ruled out State legislatures to create parliamentary secretaries, quashed Parliamentary Secretary Act[Read Judgment]

Team SoOLEGAL 27 Jul 2017 10:29am

Supreme Court ruled out State legislatures to create parliamentary secretaries, quashed Parliamentary Secretary Act[Read Judgment]

The Supreme Court, on Wednesday, decided that Article 194 of the Indian constitution and entry 39 of list II don’t authorize State Legislatures to make new workplaces like parliamentary Secretary. Simultaneously, the court suppressed Assam Parliamentary Secretaries for involving in an unconstitutional act (Appointments, salaries, Allowances, and Miscellaneous provisions) Act, 2004.

The verdict was delivered by a Bench of Justices Jasti Chelameshwar, R K Agarwal and A M Sapre. They held that the legislature of Assam was not empowered to create the post of parliamentary Secretaries.

The authority of the act posed a question before the court that article 194(3) and Entry 39 of List II of the 7th schedule allows the state legislatures to perform such act.

According to the Act 2004, “Parliamentary Secretary’ means a member of the Assam legislative assembly appointed as the Parliamentary Secretary under this Act by the Chief Minister”.

Clarifying the extent of Article 194 of the Constitution, the Bench said that while section (1) proclaims that there should be the right to speak freely in the Legislature subject to the constraints listed in that, provision (2) gives insusceptibility for the individuals from the Legislature from any lawful proceedings in any court for anything said or any vote given by such individuals in the Legislature or any Committees and so on. Sub-condition (3) manages the forces, benefits and resistances of a House of the Legislature and its individuals as for issues other than the ones secured under provisos (1) and (2). Subsequently, obviously Article 194 does not explicitly approve the State Legislature to make workplaces, for example, the one being referred to.

Read the Judgment Here:

Supreme Court   Parliamentary Secretaries     

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