Constitutional violation: Nagaland Cong on appointment of MLAs as advisers

The Congress in Nagaland has taken exception to the appointment of 24 newly-elected MLAs as advisers in various government departments even before taking oath as legislators.

The party has urged Nagaland Governor La Ganesan to “nullify” the appointment, claiming that the government has also violated constitutional provisions by giving them executive powers.

“Violation of constitutional principles”

“It is astonishing to note that the NDPP-BJP were in a rush to appoint advisers in different government departments,” said state Congress working president Khriedi Theunuo. He added that without taking the oath, these legislators were not “full-fledged MLAs” of the 14th Nagaland Legislative Assembly.

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“Nonetheless, the NDPP-BJP government, in clear violation of the constitutional principles of the separation of powers between the legislature, judiciary, and executive, which is the basic structure of the Constitution of India, has given the executive powers as advisers to the 24 of them (MLAs),” Theunuo said.

The state government on Thursday appointed the MLAs as advisers to various government departments. “This arrangement will help utilise the vast and practical experience of the Assembly members for the benefit of the public at large,” stated the appointment notification issued by Cabinet Secretary J Alam.

The NDPP-BJP won 37 seats in the 60-member Nagaland assembly.

“Oversight of law”

The Congress also raised concern over the appointment of Mhathung Yanthan as the pro-tem speaker. “This is also in contravention to the laid-down norms, as Yanthan was already given the executive powers as an adviser along with 23 other members of the NDPP-BJP government on Thursday while he took oath as the Pro-tem Speaker on Friday,” Theunuo argued.

“Such oversight of law by NDPP-BJP is very disgraceful and unacceptable,” he said.

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The Congress, which did not win any seat in the state elections, sought the governor’s intervention to nullify the appointment of the advisers and the pro-tem speaker.

The notification issued on Thursday stated that the advisers would offer their advice on matters that are referred to them by the departments concerned before the minister in charge takes it up for a decision.

(With agency inputs)