CHANDIGARH: In a first in the country, Punjab Government has found out a new method to
circumvent the constitutional cap on the number of ministers, which should not exceed 15 per cent of the total strength of the Legislative Assembly. As it will now appoint MLAs as Legislative Assistants to Ministers.
Punjab Chief Minister Capt Amarinder Singh to meet Congress President Rahul Gandhi on April 19 in Delhi and discuss cabinet expansion and also give him the report card of his government and what all it
has done in last one year. Amarinder announced that the state government would appoint MLAs as Legislative Assistants to Ministers soon. These assistants will help the ministers in their departmental responsibilities.
Singh said that this move was aimed at assisting the ministers in the work. He defended his government’s move to install legislative assistants, saying that with 42 departments, it was not possible for the ministers to handle the work alone.
He reiterated his stand that the ministers and party MLAs could continue with their own businesses along with their official work but made it clear that no favoritism or corruption would be tolerated, nor would any illegal activity allowed. He said that he will inform speaker to take the approval of the state assembly.
To a question on the cabinet expansion, Amarinder said he would be meeting Congress President Rahul Gandhi in the next few days and expected most of the remaining sanctioned posts to be filled up in this round of expansion. He made it clear that all party MLAs would be accommodated, either as ministers or legislative assistants or as chairmen of Boards and Corporations.
As per rules, there can be 18 cabinet ministers, including Chief Minister in the state as the total strength of the state assembly is 117. While the ruling Congress has 77 MLAs in the assembly.
Reacting to this move of the Congress Government, Leader of Opposition and AAP leader Sukhpal Singh Khaira said that this was making a mockery of the constitution.
He said that Capt Amarinder Singh Chief Minister was going to appoint Congress MLA’s as Legislative Assistants with independent portfolios and powers of Ministers, which was nothing but making a mockery of the constitution provision that doesn’t allow more than 15 per cent Ministers of the strength of Vidhan Sabha.
He said, "These new unconstitutional appointments are being made on the similar lines of Parliamentary Secretaries which were quashed by the High Court. Now this was the new modus operandi of Capt Amarinder Singh to bypass and hoodwink the constitution and pacify agitating Congress MLA’s at the cost of public exchequer. Lastly developed countries like USA do appoint Legislative Assistants but they’re paid employees to assist elected Senators and Congressmen.”
He said that he would move the High Court against this illegitimate step of the government. In 2016, Punjab and Haryana High Court had set aside the appointment of 24 Chief Parliamentary Secretaries (CPSs) appointed by the then Prakash Singh Badal led SAD-BJP Government. As the petitioners had then questioned the legal sanctity of Chief Parliamentary Secretaries on the ground that there was no provision for their appointment in the Constitution.