The Joint Parliamentary Committee on office of profit today said appointment of chief parliamentary secretaries (CPS) in Himachal Pradesh is not illegal if a provision to that effect exists in the relevant act.
"If there is a law entacted by the government and notified that the office of CPS is not an office of profit, there can be no violation of constitutional provisions," said P P Chaudhary, MP and Chairman of JPC, a statutory body of Parliament.
However, he declined to draw any parallel between parliamentary secretaries appointed in Delhi and those in Himachal Pradesh.
JPC, which was on a three-day visit to Shimla, met Assembly Speaker B B L Butail, who explained them the working of the House, which has earned the distinction of becoming the first paperless assembly in the country.
Chief Secretary V C Pharka and his team also gave a presentation before the committee on steps undertaken to enforce the office-of-profits law in the state.
Asked if the post of CPS falls in the category of office of profit, Chaudhary admitted that holding a position by any MP or MLA where he is drawing profits is certainly an office of profit but the Constitution does empowers the central government and state governments to exempt certain offices from the list of office of profit.
The post of chairpersons of National Commission for Schedules Tribes, Schedules Castes and Minorities are exempted, beside some of PSUs owned by the central government and states where they want to utilise the services of MPs.
"The committee is scrutinising all those positions and will table it's report in the Parliament," he added.
Chaudhary said the final decision on disqualification of the MPs or MLAs who have violated the constitutional provisions rests with the President, who has to act on the recommendations of the Election Commission.
