Z. Lohe
The 91st Amendment of the Constitution of India was a landmark decision in the Parliamentary history of India. The amendment was a major austerity measure intended to minimize the expenditure on offices of profit manned specifically by elected representatives of people. By this Amendment of the Constitution, the limitless induction of elected representatives into office of profit was restricted to 15% of the total number of a House. Against the existing total 60 seats, 15% was worked out to be permissible 12 Cabinet posts only in Nagaland which came into effect in the 10th House of Nagaland Legislative Assembly(NLA) in 2003.
Nevertheless, for the sake of survival, the former Chief Minister N. Rio, present MP was perhaps compelled to resort to induction of his colleagues as Parliamentary Secretaries with portfolios in the rank of Minister of State. Except the change of nomenclature, the perks and the paraphernalia earlier enjoyed by the erstwhile Minister of State are fully enjoyable by Parliamentary Secretaries. The former CM also introduced the appointment of Adviser to Chief Minister with Cabinet rank and began with a single Adviser at the beginning.
Taking advantage of the precedence, presently, the CM TR Zeliang has appointed 9 Advisers holding portfolios with Cabinet rank and 26 Parliamentary Secretaries in the rank of Minister of State. The grand total of the present elected representatives holding office of profit in Nagaland stands at 26+9+12= 47 out of 60 MLAs. By the law of the country, 48 MLAs out of 60 have to remain as MLAs only and just 12 MLAs are allowed to hold office of profit. The existing arrangement of allowing 35 MLAs to hold office of profit is in excess of the permissible limit of 12 Cabinet Ministers which is a complete reverse and is therefore detrimental to 91st Amendment. Thus, we have excess cooks and though they are supposed to prepare food for the people of Nagaland, the cooks used to hog every preparation themselves leaving nothing for others to enjoy. We have therefore to reduce the size of cooks as per law in the interest of the common man.
Look at how much development funds for Nagaland are consumed for maintenance of 35 additional MLAs holding office of profit. The 9 Advisers to CM are with Cabinet rank and they do enjoy as much facilities a regular Cabinet Minister enjoys. The rest 26 Parliamentary Secretaries are entitled to enjoy the perks and the paraphernalia the erstwhile Minister of State used to enjoy. Not to speak of the funds placed at the disposal of these big shots, even providing Police security to them alone has immense financial burden on State’s exchequer.
In view of abusing the 91st Amendment by setting aside the austerity measure, some of the advance States started filing PIL in courts challenging the appointment of Parliamentary Secretaries. The petitioner against the former Parliamentary Secretaries in AAP ministry in Delhi even sought for disqualification of those who held office of profit in violation of the Constitutional provision and the case is pending in the court. The Parliamentary Secretaries under BJP ministry in Assam had to demit their offices of profit by the latest ruling of Supreme Court of India. The former 9 Parliamentary Secretaries in Mizoram faced similar challenge from the public and without contest they all gracefully resigned.
A senior Naga citizen who is also a law graduate commented on the erratic application of the Supreme Court’s judgement on the issue saying that India has a very bad system. I tend to agree with this old man because of the fact that 91st Amendment is for every State and Union Territory under the Union of India. Accordingly, when a judgement on the necessary enforcement of that provision in question was given by the apex court, the application should have become uniform and not on the condition of the individual State invoking the judgement only at State level initiatives. The lethargy of Indian law is knowing that the Constitution was violated, the defaulting States were allowed to do so, till someone takes the trouble to wake up the court to intervene.
In the best interest of Nagaland, the NTC has filed PIL in the High Court Kohima Bench which is now transferred to principal court at Guwahati by Justice S. Serto. In the event of the Honourable Court passing judgement on the PIL upholding the ruling of the Supreme Court for enforcement of the 91st Amendment Act in the State of Nagaland at par with the rest, we can expect some positive ramifications.
a) The immense headache of any Chief Minister in choosing his team and portfolio allocation is mitigated henceforth.
b) Those who are in the Cabinet will be forced to become more accountable to 48 MLAs in particular and to the State in general. The days of a minister will be counted as the 48 MLAs may not spare an arrogant, selfish, high profile and non-performing minister. Keeping the authority on tender hook for the sake of common man is the essence of democracy.
c) The democratic voice of the MLAs which has been curbed for more than a decade will be revived both inside and outside of the House. Consequently, semblance of parliamentary democracy will return.
d) Any MLA will become a political non-plus lest he asserts both inside and outside of the House. The MLAs are threatened not to put up Starred or Un-Starred questions by rogue ministers or Parliamentary Secretaries or MLAs are purchased once they submit any question as of today. Yet, when the law is enforced, unless an MLA works harder for his Constituency, one can be left behind.
e) In the present context, since every MLA holds a department, none dares to raise any question on the performance of other fearing for boomerang. Silence is the safest strategy of the elected representatives in contemporary politics and that is how the Assembly sitting takes just 15 minutes for the Speaker, NLA to adjourn the house. Thus democracy has failed to work in Nagaland.
f) This exercise will close a major bottom hole of the financial bucket and it will give dividend to State in the long run. This is part of the reformation process.
Without prejudice or ulterior motive or subjectivity but with sense of altruism and in the greater interest of the State of Nagaland, the NTC has filed PIL.
