Petitions question three-tier ministries,HC reserves order

The Lucknow Bench of Allahabad High Court on Thursday reserved its order on petitions seeking abolition of three categories of ministers Cabinet,State and State ministers with Independent charge.

Two practising lawyers Ashok Pande and Sesh Narayan Pande had filed separate petitions in the High Court contending that the Constitution has made provision for only one class of ministers. The petitions accuse the government of misinterpreting The Salaries and Allowances of the Minister ACT 1952 and UP Ministers (Salaries,Allowances and Miscellaneous Provisions) Act 1981.

Under these Acts,the government has been conferred the powers to decide salaries and allowances,but it has instead created divisions in the ranks of ministers,which is against the Constitution, Ashok Pande told the Bench of Acting Chief Justice Amitava Lala and Justice Ritu Raj Awasthi.

The petitions also challenge the validity of separate oaths of office and secrecy for state ministers or deputy minister.

As per the prevailing practice in the Union government as well as state,only Cabinet ministers are invited to participate in the meeting of the council of minister,which is illegal as such meetings are not represented by more than 50 per cent of the ministers appointed under Article 75 (1) and 164 (1) of the Constitution, said Sesh Narayan .

The petitioners have urged the court to declare such nomenclature of ministers illegal.

Stay updated with the latest - Click here to follow us on Instagram