Shivani Gadhavi –
Published On: December 10, 2021 at 18:20 IST
On December 9th, 2021 the Supreme Court of India decided to reserve its judgment on a case related to Special Leave Petition that has challenged the order of Manipur High Court about striking down the Manipur Parliamentary Secretary Act, 2012 and the Manipur Parliamentary Secretary Repealing Act, 2018 as unconstitutional.
The Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2012 allowed the Chief Minister of Manipur to appoint Members of Manipur Legislative Assembly as a Parliamentary Secretary with the status and rank of a Minister of a State.
On July 26th, 2017 the Supreme Court declared the Assam Parliamentary Secretaries (Appointment, Salary and Allowances and Miscellaneous Provisions) Act, 2004 as unconstitutional in the case of Bimolanghsu Roy (dead) through Legal Representatives Vs State of Assam and Another (2018).
In vide of the aforementioned Judgment the State of Manipur passed the Manipur Parliamentary Secretary (Appointment, Salary and Allowances and Miscellaneous Provisions) Repealing Act, 2018.
This act in its Section 2 (2) mentioned that repeal of the act would not affect the previous operations of the repealed Act or anything duly done in pursuance of the Act so repealed including anything done in the official discharge of their duties by the Parliamentary Secretaries; and safeguarded the right, privilege or obligation incurred under the repealed Act.
On September 17th, 2020 the Manipur High Court declared both- the 2012 Parliamentary Act and 2018 Repealing Act, as unconstitutional. The High Court observed that the State of Manipur did not have the authority to repeal the 2012 act as it did not the authority to enact it in the first place.
The Supreme Court Bench of Justice L.N. Rao, Justice B.R. Gavai and Justice B.V. Nagarathna after the conclusion of arguments decided to reserve its judgment and dismissed the petition filed by D.D. Thaisii.
