NTC files PIL on parl secys, advisers

Nagaland Tribes Council (NTC) has filed a PIL in the Gauhati High Court Kohima bench against the state of Nagaland for removal of “unconstitutional” posts of parliamentary secretaries and Advisors after the Governor of Nagaland P.B. Acharya failed to respond positively to the demand.

NTC had issued a seven-day ultimatum on the Governor to remove the above posts in the light of the July 26,2017 landmark Supreme Court judgment in the PIL against appointment of parliamentary secretaries in Assam, ruled that states have no power to enact any law for appointment of parliamentary secretary and deemed “The Government of Assam had made the appointments through enactment of the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004” as unconstitutional.

According to NTC media cell, the PIL which was filed against appointment of “nine unconstitutional advisors and 26 parliamentary secretaries”, was heard on August 31, 2017. 

The court posted the matter to September 11, 2017 for further order and hearing, NTC said.

Earlier on August 18, NTC in a representation submitted to the Nagaland Governor through the chief secretary, urged upon the Governor to examine the matter and initiate appropriate action in terms of the Supreme Court Judgment dated July 26, 2017 within seven days from the date of receipt of representation.

NTC reminded that as per the 91st Constitutional Amendment and Article 164 (1A) of the constitution of India, there should be only 12 ministers in the State of Nagaland, including the chief minister.

However, NTC said that the chief minister, vide notification dated 26.07.17, unconstitutionally appointed nine advisors and 26 parliamentary secretaries under Rule 5 of the Rule of Executive Business (REB) for the Government of Nagaland.

Pointing out that the appointments were made in clear contravention of the 91st amendment and also Article 164 (1A), NTC said that Rule 5 of REB “does not prescribe for appointment of advisors and parliamentary secretaries, but was for allocation of portfolios to the ministers by the Governor on the advice of the chief minister.” NTC maintained that the July 26, 2017 Supreme Court order was a blanket judgment in the matter of appointment of unconstitutional parliamentary secretaries in the States of India wherever it exists.

Since the Supreme Court had declared Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions), Act 2004 as unconstitutional, NTC said the appointment of unconstitutional advisors and unconstitutional parliamentary secretaries in Nagaland was deemed to be interfered with by the Governor for cancelling/rescinding the Notification NO. CAB-1/2013 dated July 26, 2017.

NTC also acknowledged the “moral stand” taken by nine Mizoram parliamentary secretaries who resigned from the posts on August 30, 2017. NTC said the Mizo MLAs had quit in order to restore their status as representative of their respective constituencies. NTC also highlighted the recent order of the Sikkim High Court that declared the post of parliamentary secretaries as unconstitutional. 

In the case of Meghalaya, NTC said that the Meghalaya High Court may also declare the parliamentary secretary post as unconstitutional. Therefore, NTC was hopeful that parliamentary democracy would be restored and illegal offices would be removed to relief the people from this extraneous action of the state.

Taking note of the PIL filed in the Gauahti High Court, Kohima Bench in connection with “backdoor appointments of 239 non-indigenous/non-locals to various Grade IV posts” in the Police department, NTC said it was hopeful that the court would examine the matter in the larger interest of public in the perspective of the existing notification dated 19.09.1987 and notification No. AR-8/8/76 dated 28th April, 1977.

As per records available, NTC stated that “those backdoor appointments were made from 2013 to 2016 and the backdoor appointees were from Kerala, Maharashtra, UP, Bihar, West Bengal, Assam and Nepal.”

Expressing utter shock and dismay, NTC alleged that the appointments were made in blatant violation of the existing government notification NO. APPT-18/6/67 dated 19.09.1987 and the criteria laid down in the notification No. AR-8/8/76 dated 28th April, 1977.

It further cited the notification– “The undersigned is directed to invite a reference to this department order of even number dated 6-7-73 in which 100% of all non-technical Class III & IV and 80% of all other posts have been reserved for recruitment of persons who are indigenous inhabitants of Nagaland and to once again impress upon all concerned that the above decision of the Government should be strictly followed while making recruitment to various posts.” NTC lauded the petitioners for taking a bold step to preserve and uphold the legitimate and constitutional rights of Nagas, saying “it is high time that we the indigenous Naga inhabitants of Nagaland should rise and restore our rights.”