A division bench comprising Chief Justice Arun Mishra and Justice Joymalyo Bagchi directed the state government to file the affidavit within six weeks and adjourned the matter till then on a PIL moved by an advocate Bisakh Bhattacharya.
The petitioner claimed that after the 91st amendment of the Constitution, Article 164 said that a ministerial cabinet should not be more than 15 per cent of the Assembly's total strength.
He said that the appointment of the Parliamentary Secretaries was unconstitutional.
The Mamata Banerjee government had appointed 13 Parliamentary Secretaries, who are all MLAs, after passing the West Bengal Parliamentary Secretaries (appointment, salaries, allowances and miscellaneous provisions) Bill, 2012 on December 14 last year.