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Mizoram: MPC demands action against 5 advisers to CM Lalduhoma for violation of Article 164 (1A) of the Constitution

First Published: 10th July, 2024 12:13 IST

MPC President Vanlalruata urged the Governor to ban the 5 advisers to CM as their appointment in the rank and status of MoS is unconstitutional.

Mizoram People’s Conference (MPC) has urged Governor of Mizoram, Dr. Haribabu Kambhampati to take necessary action against the violation of Article 164 (1A) of the Indian Constitution by the 5 advisers to Chief Minister Lalduhoma.

Article 164 (1A) of the Indian Constitution as (1A) mentions that “The total number of Ministers, including the Chief Minister, in the Council of Ministers in a State shall not exceed fifteen per cent. of the total number of members of the Legislative Assembly of that State:
Provided that the number of Ministers, including the Chief Minister in a State shall not be less than twelve.”

MPC said that currently, the state has 12 ministers and an additional 5 advisors to the Chief Minister Lalduhoma in the rank and status or equivalent of Minister of State, which means Mizoram has 17 Ministers unofficially and that is a violation of Article 164 (1A) of the Indian Constitution (1A).

Party President Vanlalruata on Tuesday submitted a memorandum to the Governor and Elders’ Council of the Zoram Peoples Movement Party in this regard.

MPC alleged that the Government of Mizoram does not provide an office for MLAs, but it provides a separate office for the abovementioned incumbents. They run office and act like Ministers of State without independent charge.

It said that according to the present rules of the government of Mizoram, it can only provide PAs and household peons to MLAs through the Assembly Secretariat. Despite this regulation, the present government provides many staff such as advisers or incumbents; and all these prove that advisers to the Chief Minister Lalduhoma not only act like ministers but also get treated like ministers.

Vanlalruata therefore urged the Governor to ban the 5 advisers to CM as their appointment in the rank and status of MoS is unconstitutional.

It also said that the previous state government had also appointed 7 Parliamentary Secretaries earlier, but had resigned shortly after the Supreme Court ruled against the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004.

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