Parliamentary secretary
Topic: State Government: Governor, Chief Minister, State Legislature and Union Territories · NCERT: Beyond NCERT
Meaning
A parliamentary secretary is an MLA appointed to help a minister with their work. Such MLAs often get perks close to those of a minister. In Bimolangshu Roy (2017), the Supreme Court held that states do not have the legislative competence to create these posts. Legislative competence means the power, under the Constitution, to make a law on a subject. The posts also raise office-of-profit questions: an MLA who holds a paid government post can be disqualified.
Example
A state passes a law that appoints several MLAs as parliamentary secretaries attached to ministers. Under Bimolangshu Roy (2017), such a law would fail because the state had no power to make it.
Don't confuse with
- Minister: A minister is appointed under Art. 164 on the CM's advice. Ministers count towards the 15% limit on the size of the council. A parliamentary secretary has no basis in the Constitution.