http://www.navhindtimes.com/articles.php?Story_ID=072229

Appeasement of MLA's

By Tomazinho Cardozo

We proudly boast of having a system based on the Westminster model.
Unfortunately, our politicians are expert in interpreting the
democratic concepts used in these Commonwealth countries for their own
benefits. Induction of Parliamentary Secretaries is one such example

All of a sudden legal questions on the validity of the appointment of
parliamentary secretaries has taken the centre stage in Goan politics.
A Public Interest Litigation (PIL) praying for quashing the
appointments of parliamentary secretaries has already been filed in
the Bombay High Court, Goa bench. In the previous government there was
only one parliamentary secretary while the present government has
inducted in all three parliamentary secretaries. Besides, it has been
announced that one MLA will be the Chairman of a Corporation with a
Cabinet Minister's status. The commissioner of NRI has also been
accorded the status of a Cabinet Minister. In addition to this there
are 12 Ministers excluding the speaker and the deputy speaker in a
house of 40 MLAs.

In fact the trend of having more than 12 ministers crept into Goan
politics with the formation of PDF government way back in 1993 when
first Mr Churchil Alemao and then Dr Luis Proto Barbosa became chief
ministers and Mr Ramakant Khalap, the deputy chief minister. With this
exercise, practically every MLA of that term became a Minister. This
greed for power and position resulted in the toppling and re-toppling
of the successive governments in Goa. In reality Goa earned a tag of
being a 'notorious' state politically throughout the country.

In fact, Goan politicians borrowed this disreputable trend from other
parts of the country. The number of ministers increased every time a
new government was formed. Although the Ministerial strength of the
Central Government was not more than 12 per cent, there were examples
in some states where the percentage of Ministers soared up to even 35
per cent of the strength of the state assembly. More the number of
ministers more the wasteful expenditure from public funds. In fact,
due to political expediency, the political parties and the politicians
misused the freedom of forming the council of ministers. It is for
this reason that the central government passed the ninety-first
amendment to the Constitution thereby restricting the size of the
Council of Ministers to 15 per cent of the total strength of the State
Assembly. The amendment allowed a maximum number of 12 ministers in
small states like Goa.

The ninety-first Constitutional amendment created major problems for
the greedy and power-hungry politicians in the country because only 15
per cent of the MLAs could be accommodated in the council of
ministers. Coalition governments could not remain intact, as the
majority of the MLAs could not be satisfied by the 15 per cent
formula. Our ever-vigilant politicians brought in through the back
door the concept of 'parliamentary secretary', which is successfully
implemented in Commonwealth countries. The functioning of our
democracy is similar to the democracy existing in these countries. We
proudly boast of having a system based on the Westminster model.
Unfortunately, our politicians are expert in interpreting the
democratic concepts used in these Commonwealth countries for their own
benefits. Induction of parliamentary secretaries is one such example,
which is used not for the benefit of the state but for the good of the
self.

Moreover, there is no Constitutional provision for the induction of
parliamentary secretaries in our country. Secondly, the ninety-first
Constitutional amendment restricting the size of the Council of
Ministers to 15 per cent, with the sole aim of reducing the burden on
the public exchequer, is rendered meaningless by appointing
parliamentary secretaries. It is for this reason that in a landmark
judgement, which will have far-reaching political implications across
the country, the Himachal Pradesh High Court quashed the appointment
of eight chief parliamentary secretaries and four parliamentary
secretaries in the Himachal Pradesh Government. The judges held that
there was no provision for the post of Chief Parliamentary Secretary
and Parliamentary Secretary in the Constitution or in any other Act of
the state. The also observed that the Chief Minister had no powers to
either appoint parliamentary secretaries or administer the oath of
office or secrecy. Considering this judgement vis-à-vis the PIL filed
in the Bombay High Court, Goa Bench, it appears that the fate of the
parliamentary secretaries inducted in the Goa government hangs in
balance.

--
DEV BOREM KORUM.

Gabe Menezes.
London, England

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