SC grant partial relief to CPS against HC’s disqualification



Desk |
Updated:
Nov 23, 2024 05:11 IST

New Delhi [India], November 23 (Desk): The Supreme Court of India has provided partial relief in the ongoing legal tussle concerning the disqualification of Chief Parliamentary Secretaries (CPS) as members of the Himachal Pradesh Legislative Assembly.
This comes in response to the High Court’s earlier order declaring the appointment of CPS unconstitutional under Section 3D of the Himachal Pradesh Legislative Assembly Members (Removal of Disqualification) Act, 1971.
The Supreme Court’s order was issued during the hearing of a Special Leave Petition (SLP) filed by the Himachal Pradesh government challenging the High Court’s verdict.
The apex court upheld the disqualification of CPS members, including one who is a mother, while safeguarding their membership in the Assembly. Additionally, it stayed the High Court’s decision to declare Section 3D unconstitutional, thereby allowing CPS appointees to retain their posts until a final ruling is delivered.
Commenting on the legal developments, Revenue and Horticulture Minister Jagat Singh Negi criticised the Bharatiya Janata Party (BJP) for allegedly misinterpreting the law for political gain. He accused the BJP of attempting to destabilise the state government by exploiting legal technicalities and spreading misinformation.
“Our argument in the Supreme Court was clear. The High Court’s ruling compared our laws to those in Assam and Manipur, where CPS were granted ministerial status. However, the situation in Himachal is different, as CPS here do not hold ministerial status. This distinction was overlooked. The Supreme Court’s stay is a victory for us, as it prevents any immediate disqualification of CPS members,” said Negi.
He further alleged that the BJP was using legal means to orchestrate “Operation Lotus,” a term often associated with attempts to topple opposition-led governments through financial inducements and the misuse of investigative agencies.
“They aim to confuse people and destabilise our government. This isn’t just about CPS but about democracy itself. If elected representatives can be disqualified through retrospective application of laws, what message are we sending to the public?” he asked.

Negi also addressed the controversy surrounding the High Court’s earlier decision to close certain hotels in Himachal Pradesh due to occupancy violations. He welcomed the recent relief granted by the court, which allows tourism establishments to operate under regulated guidelines.
“This judgment will support tourism, which is the backbone of our economy. Thousands of livelihoods depend on these hotels. However, instead of supporting Himachal’s development, the BJP continues to defame the state,” Negi remarked.
He did not hold back in his criticism of Prime Minister Narendra Modi, accusing him of tarnishing Himachal Pradesh’s image for electoral gains.
“It is unfortunate that the Prime Minister praises Himachal’s cuisine and culture during visits but maligns the state’s reputation elsewhere. This hypocrisy harms the people of Himachal,” he said.
Negi also linked the CPS issue to broader national controversies, citing allegations against the Adani Group. Referring to recent FIRs filed in the United States accusing Adani of corruption in solar projects, Negi accused the BJP of shielding corporate allies.
“Rahul Gandhi and the Congress have consistently highlighted how laws and policies are being tailored to benefit Adani. While opposition leaders are hounded by investigations, the BJP protects individuals facing serious allegations of bribery and money laundering. This double standard reveals their true priorities,” he said.
Negi concluded by highlighting the Congress government’s achievements, particularly the reinstatement of the Old Pension Scheme (OPS), a key election promise.
“The BJP abolished OPS in 2003, and we restored it in our first cabinet meeting. Even BJP leaders now acknowledge that restoring OPS was the right decision. Instead of recognising our efforts, they spread lies and attempt to mislead voters,” he said.
With the CPS appointments now under the Supreme Court’s purview, the Himachal Pradesh government remains confident in its legal and political position. However, Negi’s statements highlight the widening divide between the Congress and the BJP, as both parties continue to accuse each other of undermining democracy and governance. (Desk)

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