Attempt to give MLAs immunity failed

NEW DELHI: On April 27, 2015, the Delhi government issued a press statement formalizing its decision to appoint 21 of the newly-elected MLAs as parliamentary secretaries by administering an oath of office. The government, led by chief minister Arvind Kejriwal, had been formed just over two months back. This move was justified on the ground that they would assist in speeding up work in various departments. However, this decision ran into the office-of-profit row before these MLAs could settle down in their new roles.

This political battle has since then seen many flip-flops with the

AAP

government going all out at first to defend its decision after the move was challenged in the Delhi high court and Election Commission of India.

The appointment of some of Kejriwal's best MLAs as parliamentary secretaries was justified in March 2015 as a beginning towards administrative reforms. In September 2016, however, the government suddenly chose to declare the appointments as illegal in view of a high court judgement on August 4, 2016, which established the supremacy of the lieutenant-governor as administrator of Delhi under the Constitution. They then argued that in the backdrop of the high court order, the complaint made to the Election Commission of India was not maintainable. The EC later rejected the claim, holding that the complaint was maintainable.

The situation that the AAP MLAs find themselves in today is the government’s own creation. The appointments were made not only without the LG’s approval but despite the fact that there was no provision in the law for parliamentary secretaries to ministers under the act that gives immunity to certain posts from the "office of profit" clause. The AAP government has from day one stressed on one point — that these parliamentary secretaries were not deriving any pecuniary benefits from being in that position.

When the appointments began to draw flak in 2015, the government had in desperation resorted to corrective action. It tried to bring amendments to the law to provide immunity to its 21 MLAs. In June that year, it moved an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997. It sought to exempt parliamentary secretaries from the office-of-profit disqualification provisions retrospectively, so that "necessary benefits could be given to them to enable them to execute their duties".

The assembly had passed the draft bill without the approval of the LG or the Centre. An AAP government spokesperson had then asserted that the legislation was aimed at bringing the parliamentary secretaries into the category exempted from disqualification on grounds of office of profit so that they could be given some "essential perks" which they were not getting now.

On June 13, 2016, the President refused to give his assent for the amendment. The act had been amended during Congress rule when chief minister Sheila Dikshit had sought to appoint then MLA, Ajay Maken, as a

parliamentary secretary

to her. No provision was made for a parliamentary secretary to ministers. Delhi anyway can have only 10% of the strength of the House as ministers.