The Itanagar Permanent Bench of Gauhati High Court on Wednesday pronounced a landmark judgement declaring the Arunachal Pradesh Parliamentary Secretary (Appointment, salaries allowances and miscellaneous Provision) Act 2007 as unconstitutional.
judges Justice Rumi Kumari Phukan and Justice Monojit Bhuyan in their judgment stated that “We hold that the Arunachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous) Act, 2017, has rendered itself the same fate as being unconstitutional as in the case of the Assam Act, which was considered and answered by the Supreme Court.”
The Supreme Court while disposing of a case challenging the appointment of parliamentary secretaries in Assam had stated that Article 194 does not expressly authorize the state legislature to create such an office, and that the Assam legislature lacks the competence to make the act.
“Parties are agreed that in view of the decision of the Supreme Court, the PIL does not survive for further consideration,” the judges stated while giving their verdict on 25 July on the PIL which was filed in 2016.
Senior Additional Advocate General Kardak Ete when contacted said that the matter was take up on several occasion but on Wednesday the court pronounced that unconstitutional of the Act in view of the supreme court judgment of July 26, 2017.
He said that the court said that in view of the decision of the supreme court of India in Assam matter which declared as un constitutional on legislative competence, therefore since the Arunachal act is also like of Assam and nothing remain on the PIL and therefore the Act of Arunachal is also unconstitutional.
He said that the process after will be followed, court have pronounced judgment only and the certified copy may be issued within a day or two. Until the certified copy of the judgment comes out I cannot say more.