Cong urges Guv not to approve Bill to repeal PS Act
Source: The Sangai Express

Imphal, February 26 2018: Categorically stating the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Bill 2018 passed by the Manipur Legislative Assembly on February 23 is unconstitutional, Congress party has urged Governor Dr Najma Heptulla not to give consent to the Bill.

A 13-member delegation of Congress party called on the Governor at 3.30 pm today and urged her not to give assent to the Bill.

They also submitted a memorandum to the Governor which was signed by Congress MLAs Surjakumar Okram and DD Thaisii.

Cong urges Guv not to approve Bill to repeal PS Act

Speaking to media persons at the Congress Bhavan after their meeting with the Governor, ex-Deputy Chief Minister Gaikhangam said that the fact that the Biren-led Government has been pushing for the Bill is disgraceful to all the MLAs of the State.

Gaikhangam said that the particular Bill challenges the Constitution and ruling parties could not give any reply when Congress party pointed this out on the floor of the State Assembly that it (Bill) lacks source of power.

Even as Opposition Members walked out of the House, the ruling parties passed the Bill forcibly, Gaikhangam said.

The 91st amendment to the Constitution clearly says that the strength of Council of Ministers of any State must be limited to 12 or 15 per cent of the State Assembly's total seats.

As appointment of Parliamentary Secretaries challenges the Constitutional guideline of limiting the sizes of Councils of Ministers, the High Court of Punjab and Haryana, the Kolkata High Court, the High Court of Meghalaya and the High Court of Sikkim passed judgements terming appointment of Parliamentary Secretaries as unconstitutional and quashed all Acts which were passed by State Assemblies to pave way for appointment of Parliamentary Secretaries.

In the same vein, the Supreme Court ruled that appointment of Parliamentary Secretaries is unconstitutional, Gaikhangam asserted.

Once a verdict is passed by the apex Court, it becomes a law of the land, and once an Act or legislation is termed unconstitutional by the Supreme Court, the same Act/legislation should not be kept operational in any part of the country.

Going by the same vein, amendment or repeal of an Act which has been termed as unconstitutional by the Supreme Court is also unconstitutional, asserted the ex-Deputy Chief Minister.

Pointing out that the Governor is the Constitutional head of a State, Gaikhangam opined that Governor Dr Najma Heptulla is unlikely to give consent to the Bill which was passed forcibly by the State's ruling coalition.

While rejoicing at the Governor's reported assurance that she would not do anything which is not permitted by laws, Gaikhangam decried that the Biren-led Government's recent step was akin to humiliating all the Members of the Manipur Legislative Assembly.

It was rather unfortunate that the BJP-led Government brought a Bill for repealing an Act which has been already quashed by the Supreme Court and different High Courts.

The memorandum submitted to the Governor asserted that the Act Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act 2012 is unconstitutional and the State lacks competency to enact such a Bill.

Notwithstanding a case pending at the High Court of Manipur, the Government introduced the Bill with the primary objective of saving the MLAs who were appointed as Parliamentary Secretaries, the memorandum mentioned.