Wants appointments of Parl. Secys and Advisors nullified
After the July 26, 2017 landmark judgment by the Supreme Court which struck down the power of the Assam legislative assembly to enact its own law for appointment of parliamentary secretaries, Nagaland Pradesh Congress Committee (NPCC) has demanded that the Governor nullify the appointments of all 26 parliamentary secretaries (in the rank of ministers of state) and nine advisors (cabinet rank).
The apex court on July 26, ruled as “unconstitutional” the enactment of the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act 2004 on a PIL filed by a BJP member in 2005.
The three-judge bench comprising Justices J Chelameswar, RK Agarwal and Abhay Manohar Sapre while giving out the ruling pointed out that Article 194 of the Constitution does not authorise the State Legislatures to create such offices of parliamentary secretaries.
NPCC president K.Therie had submitted a memorandum to the Governor at Raj Bhavan Kohima on July 28 demanding that appointments of parliamentary secretaries and advisors be nullified as “unconstitutional and without any legal sanction” in taking cognizance of the judgement by the apex court . NPCC pointed out that the Supreme Court judgement was binding all over India and therefore, urged upon the Governor to act upon it.
The judgment by the Supreme Court has become a talking point in various states and especially in Nagaland. All states in the North East have parliamentary secretaries except Assam and Tripura. After the 91st Amendment in 2003, in addition to the Anti Defection Law, Article 164(1A)was introduced to restrict the size of the council of ministers. In assemblies having a maximum of 70 seats, the number of council of ministers is restricted to 20 % of the total strength of the house while in rest, the number is restricted to 15% of the total strength of the house.
In the current political scenario in Nagaland, the ruling NPF has been fractured between the party organisation headed by party president Dr. Shürhozelie Liezietsü dismissed as chief minister on July 19 by Governor P.B. Acharya for not taking the floor test to prove he enjoyed majority support.
The Governor’s decision as well as another controversy involving the Speaker in recognizing the claim of chief minister T.R. Zeliang as chief whip of NPF legislature on July 21, is being challenged by 11 legislators (10 NPF and 1 Independent) loyal to Dr. Shürhozelie.
It may be recalled that earlier, the Governor directed then chief minister Dr. Shürhozelie to face a floor test on July 19 but he and his loyalists did not turn up( they claimed that till that day the did not receive the summons for the floor test).
On July 21, the NPF factions had two chief whips-one appointed by the party president (Kiyanilie Peseyie) and the other by the party legislature (T.R. Zeliang).
Kiyanilie Peseyie was officially appointed as chief whip by party president Dr. Shürhozelie on November 14, 2014. This was promptly accepted and notified by the Speaker’s office the very next day (November 15, 2014.)
Chief minister T.R. Zeliang was reaffirmed as legislature party leader on July 4 at a meeting of the legislators and also elected as the chief whip. During the second floor test on July 21, the Speaker had recognized chief minister T.R. Zeliang as chief whip on the strength of his election to the post on July 4.
To set matter at rest, noted legal luminary and former Attorney General of India Soli Sorabjee said it is the political party and not the legislature party that appoints the Whip. He said the Whip so appointed by the party is the person authorized by the political party to issue directions regarding voting in the house.
Presently, not only fate of parliamentary secretaries and advisors but also the fate of legislators hangs in suspense, especially in the latter case, when the court affirms who ultimately wields the whip.
NAGALAND
Chief Minister
Cabinet Ministers: 11
Advisors (Cab rank): 9
Parl. Secretaries: 26
Total: 47
Saturday, May 9, 2026