New Delhi: The Supreme Court of India has recently offered partial relief in the legal battle surrounding the disqualification of Chief Parliamentary Secretaries in the Himachal Pradesh Legislative Assembly.
This follows a Himachal Pradesh High Court order declaring the appointment of CPS unconstitutional under Section 3D of the Himachal Pradesh Legislative Assembly Members (Removal of Disqualification) Act, 1971.
The apex court upheld the disqualification of CPS members but allowed them to retain their Assembly membership. It also stayed the High Court’s ruling on Section 3D, enabling CPS appointees to hold their positions pending a final judgment.
Political Accusations Intensify
Revenue and Horticulture Minister Jagat Singh Negi welcomed the Supreme Court’s decision and criticised the BJP for exploiting legal technicalities to destabilise the Congress-led state government. “The High Court’s ruling compared our laws to those in Assam and Manipur, where CPS were granted ministerial status. However, CPS in Himachal do not hold such status. This critical distinction was overlooked,” he argued.
Negi described the Supreme Court’s stay as a significant victory, stating it prevented immediate disqualification of CPS members.
He also accused the BJP of orchestrating “Operation Lotus” — a term used to describe attempts to topple opposition governments using financial incentives and investigative agencies.
Negi added, “This isn’t just about CPS but democracy itself. Disqualifying elected representatives through retrospective laws sends a damaging message.”