Nagaland Tribes Council (NTC) has urged the Governor of Nagaland to remove the “unconstitutional” post of advisers and parliamentary secretaries in the state as ordered by the Supreme Court Judgment.
In a representation submitted to the Nagaland Governor, P.B. Acharya through the chief secretary, the NTC members — Theja Therieh, Joel Nillo Kath, Vimedo Hibo, Kitoho S. Rotohka, Nchumbemo Tongoe, Akang Ao and Zhovehu Lohe – urged 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 stated that in Nagaland, after downsizing of the council of ministers in accordance with Constitution (Ninety-first Amendment) Act, 2003, the advisors and parliamentary secretaries were appointed by the chief ministers in all their respective tenures.
It pointed out that at present there were nine “unconstitutional” advisors with cabinet status and 26 unconstitutional parliamentary secretaries in the state.
Nagaland Tribes Council contended that though there was no such Act of Advisors and Parliamentary Secretaries in Nagaland, they were however governed and regulated by the Nagaland Salaries, Allowances and Other Facilities of the Chief Minister, other Ministers, Speaker, Leader of Opposition, Deputy Speaker, Parliamentary Secretaries and other Members of the Nagaland Legislative Assembly and Pension for Ex-Members Act, 2005.
According to the council, the chief minister vide notification No CAB-1/2013 dated July 26, 2017, appointed nine “unconstitutional” advisors and 26 “unconstitutional” parliamentary secretaries purportedly under Rule 5 read with other relevant provisions of the Rules of Executive Business of the Government of Nagaland.
Nagaland Tribes Council stated that the said rule to which the chief minister resorted in appointing nine unconstitutional advisors and 26 unconstitutional parliamentary secretaries was irrelevant and the appointments were made in absolute distortion of the said Rules and in total contravention of the Constitutional 91st (Ninety-first) Amendment.
It stated that Supreme Court judgment dated July 26, 2017 was a blanket judgment in the matter of appointment of unconstitutional Parliamentary Secretaries in the States of India wherever it exists.
As the Supreme Court has 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.