Chandigarh, December 25: In an embarrassment for the Punjab Government, the appointment of six party MLAs as Advisers to Chief Minister Capt Amarinder Singh has run into rough weather. Punjab Governor VP Singh Badnore has returned the Punjab State Legislature (Prevention of Disqualification) Amendment Bill, 2019, tothe government, raising13 queries pertaining to duties and responsibilities, financial implications, legality and accountability of political appointees.
The Bill was sent to the Governor for approval after it was passed at a two-day special House session (November 6 and 7) to commemorate the 550th birth anniversary of Guru Nanak. Parliamentary Affairs Minister Brahm Mohindra, who tabled the Bill to make legislators eligible to be appointed as Advisers to the CM, was not available for comment.
Leader of the Opposition Harpal Singh Cheema (AAP) said the appointment of Advisers was unconstitutional. “As MLAs, they can give advice to the CM. Why such political appointments?” he said.
On September 9, Congress MLAs Kushaldeep Singh Dhillon (Faridkot), Amrinder Singh Raja Warring (Gidderbaha), Sangat Singh Gilzian (Urmur) and Inderbir Singh Bolaria (Amritsar- South) were designated Advisers (Political) to the CM while MLA Kuljeet Singh Nagra (Fatehgarh Sahib) was appointed Adviser (Planning). They were accorded Cabinet Minister status.The sixth MLA, Tarsem Singh (Attari) was also appointed Adviser (Planning) but in the rank of Minister of State.
The government had in September last year tried the ordinance route to make the appointments legal. Failing to get the Governor’s nod, it came up with the Punjab State Legislature (Prevention of Disqualification) Amendment Bill last month.
Returning the file to the government, the Governor has sought to know whether the posts of Adviser have been created under any statute or by an executive order, details of entitlements and privileges, their power to make a note on government files, whether any disqualification has been prescribed for the holders of the office and the criteria for selection and removal of the appointees. On the issue of number of posts, information has been sought on whether there was a limit on the number of Advisers to be appointed.
The Governor has also sought information on their accountability to the Punjab Vidhan Sabha in day-to-day activities, the kind of advice the Chief Minister would be able to seek from them and whether it would be binding on the CM or the Council of Ministers. Legal status of the case in the High Court has too been sought.
QUESTIONS ASKED
- Whether posts of Adviser created under a statue or public order
- Facilities, entitlements, privileges, including salary and emoluments
- Details of functions of the office
- Whether holders of office will be able to access government files
- If any oath is ascribed to office holders
- If Advisers are entitled to staff
- Whether their functions have been included in rules of business
- Whether any qualification has been prescribed for the posts
- How many posts have been created and if any limit on the number
- To whom they will be answerable; type of advice CM will be seeking
- Legal status of advice given to CM
- Whether they will be accountable to House for day-to-day activities
- Status of court case challenging their appointment in High Court
