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Ministerial appointments violative of Constitution ?
2/21/2012 12:11:30 AM
EARLY TIMES REPORT

Jammu, Feb 20: The State government by giving ministerial status to nine-people appears to have violated the State Constitution which has imposed ceiling on the number of the Ministers.
It's already in a fix after the notice by the State Accountability Commission over these appointments and has asked for an inquiry into it.
After the 91st Constitutional Amendment the total strength of the ministers in the State can't be more than 25 including Chief Minister.
The Constitutional Amendment was adopted in the State Consitution.
The State government by giving ministerial status to nine more people in addition to the exisiting number appears to have violated the the provisions of the Constitution.
In view of the ceiling imposed on the strength of council of ministers the state government would find it tough to explain to the SAC the constitutional teneability of these appointments.
The Comission has set the March 5 the deadline for the government to file its reply.
There is thinking in the government that it can bring constitutional amendment to legalise these ministerial appointments. However, any such step by the government when the Commission would be in process of inquiry could cost government both politically and morally.
The government has stated that all these appointments are legal. It's putting up defence with the same appointments being during the chief ministerial tenure of Mufti Mohammad Sayyed.
However, the point the government is missing that during his tenure the ceiling on the strength of ministry was not in place. And during Azad's time only three such appointments were made as against nine now.
Another important difference between appointments during Mufti 's time and by the present government is that during PDP led government the elected MLAs were given ministerial status by appointing them as chairperson and vice-chairperson of different Boards.
Here none of these people conferred with ministerial status are sitting MLAs.Most of them have either lost the elections are didn't contest at all.
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