- (1.) These two writ petitions are in the nature of Public Interest Litigation seeking quashing of West Bengal Parliamentary Secretaries (Appointment, Salaries, Allowance and Miscellaneous Provision) Act of 2012 (hereinafter referred to as 'Act of 2012') as ultra vires to the Constitution of India. Consequently, they have also sought for cancellation of appointments of the respondents 8 to 20 in Writ petition No.8321(W) of 2013 repugnant to Article 164(1A) of the Constitution of India since Sections 4 & 5 of 2012 Act are repugnant to 91st Amendment of Constitution of India. They have also sought for consequential reliefs as well in case of allowing the main reliefs.
(2.) The main contention and arguments addressed on behalf of the writ petitioners in brief are as under:- On reading of news item regarding introduction of Bill of 2012 pertaining to the above Act was passed at the floor of West Bengal Legislative Assembly in order to provide appointment to Members of Assembly as Parliamentary Secretaries who would have the rank and status of a Minister of State and who shall help in planning and coordination of Legislative business in the House by serving as an inter-mediatory between Administrative Secretaries and Ministers, the petitioners came up with the above Public Interest Litigation contending that the judicial intervention is imminent to protect the sanctity of the Constitution and esteemed democratic institution such as the Legislative Assembly. To safeguard the constitutional spirit and its propriety under Article 164(1A) of the Constitution, according to petitioners, the present challenge is justified and proposed enactment is nothing but extending privileges to some of Members of Assembly who would not be able to make it to the Council of Ministers.
(3.) According to petitioners, the functions and duties entrusted to Parliamentary Secretaries under the Act in question exhibits most important privileges being enjoyed by Minister of the Council of Ministers that is handling files of the Department concerned has been delegated to the Parliamentary Secretaries under certain circumstances which is not acceptable and justifiable when the very system in existence indicate Cabinet form of Government. It is nothing but elevating good number of M.L.As., to the position of Minister of State under the guise of Parliamentary Secretaries violating the Constitutional mandate. It is also contended that the Act of 2012 is without any legislative competence apart from casting heavy financial burden on the State exchequer since, it is undergoing financial crisis.;