{"id":141362,"date":"2022-04-03T18:56:13","date_gmt":"2022-04-03T13:26:13","guid":{"rendered":"https:\/\/newsmakhani.com\/?p=141362"},"modified":"2022-04-03T18:56:13","modified_gmt":"2022-04-03T13:26:13","slug":"two-weeks-gone-punjab-raj-bhawan-mum-over-bhagwant-manns-ministry-strength-less-than-12","status":"publish","type":"post","link":"https:\/\/newsnarad.com\/hi\/two-weeks-gone-punjab-raj-bhawan-mum-over-bhagwant-manns-ministry-strength-less-than-12\/","title":{"rendered":"TWO WEEKS GONE, PUNJAB RAJ BHAWAN MUM OVER BHAGWANT MANN’s MINISTRY\u00a0STRENGTH LESS THAN 12"},"content":{"rendered":"

\u0915\u094d\u0937\u092e\u093e \u0915\u0930\u0947\u0902, \u092f\u0939 \u0938\u092e\u093e\u091a\u093e\u0930 \u0906\u092a\u0915\u0947 \u0905\u0928\u0941\u0930\u094b\u0927 \u0915\u0940 \u092d\u093e\u0937\u093e \u092e\u0947\u0902 \u0909\u092a\u0932\u092c\u094d\u0927 \u0928\u0939\u0940\u0902 \u0939\u0948\u0964 \u0915\u0943\u092a\u092f\u093e \u092f\u0939\u093e\u0901 \u0926\u0947\u0916\u0947\u0902\u0964<\/a><\/p>

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ADVOCATE HAS RAISED WRITTEN OBJECTION CITING ARTICLE 164-1A OF INDIAN CONSTITUTION<\/strong><\/h5>\n

CHANDIGARH 3 April 2022\u00a0<\/strong><\/p>\n

ON 16th March he Governor of Punjab, BL Purohit appointed Bhagwant Maan as Chief Minister of Punjab. He was administered Oath of Office and Secrecy by the Governor the same day.<\/p>\n

READ MORE :-Modi government committing \u2018fraud\u2019 with the people by hiking petrol and diesel prices: Harpal Singh Cheema<\/a><\/span><\/h3>\n

Three days later, on 19th March\u00a0\u00a0\u00a0the Governor of Punjab on the advice of CM Mann appointed\u00a0 Harpal Singh Cheema, Dr. Baljit Kaur, Harbhajan Singh, Dr. Vijay Singla, Lal Chand, Gurmeet Singh Meet Hayer, Kuldeep Singh Dhaliwal, Laljit Singh Bhullar, Bram Shanker and\u00a0 Harjot Singh Bains (Total 10) as\u00a0 Cabinet Ministers.\u00a0All 10 were administered the Oath of Office & Secrecy the same day by the Governor.<\/p>\n

On 21st March, the Governor again on the advice of CM Maan allocated respective portfolios as mentioned in State Government Business Allocation Rules, 2007 amongst all newly sworn in Cabinet Ministers including\u00a0Mann who holds\u00a0 total\u00a027 portfolios.<\/p>\n

Meanwhile, an Advocate at Punjab and Haryana High Court, Hemant Kumar, on March 20 itself wrote to President of India, Prime Minister, Union Home Minister, Governor, CM and Chief Secretary of Punjab objecting to current strength of Mann’s\u00a0 Council of Ministers that is Eleven, which is\u00a0one less than the Twelve,\u00a0\u00a0as mandated\/prescribed in First Proviso to Article 164 (1A) of Constitution of India wherein it is explicitly mentioned that the number of Ministers, including the Chief Minister in a State shall not be less than twelve.<\/p>\n

It is also noteworthy to mention here that the hereinbefore mentioned First Proviso to Article\u00a0164 (IA)\u00a0uses the word “shall” and not “may” hence it is nothing but compulsory\/mandatory that the total strength of Council of Ministers in every State (including Punjab) at any given point of time shall (should) not be less than\u00a0 Twelve.<\/p>\n

Also, till date there has been no authoritative judicial pronouncement (read any Reportable Judgment which acts as a binding precedent) by any Constitutional Court in India i.e. either by Hon’ble Supreme Court of India or else any High Court(s)\u00a0 in India including the jurisdictional Hon’ble Punjab & Haryana High Court on this very issue i.e. if total strength of Council of Ministers in a State in India can be less than 12 at any given point of time.<\/p>\n

Further, Hemant asserts that notwithstanding the fact that the recent expansion of Punjab’s Council of Ministers on 19 March\u00a0 is very first and there can be more such expansion(s) in future as maximum 7 (seven) more Cabinet Ministers\/Ministers of State can be appointed\u00a0 in Punjab’s Council of Ministers in due course which is the upper ceiling\/limit in case of State of Punjab since the total number of members of Legislative Assembly of Punjab is 117 and thus maximum number of Ministers in Punjab’s Council of Ministers can be 15% of 117 i.e. 17.55 (which means 17 or if rounded off then 18) as per Article 164 (1A) of Constitution of India.<\/p>\n

However, the significant legal (read\u00a0constitutional)\u00a0point is that the mandate\/prescription of\u00a0\u00a0minimum\u00a0 number of Ministers in State’s Council of Ministers i.e. 12 as per First Proviso to Article 164 (IA) of Constitution of India is applicable from ab-initio (from the very beginning) of constitution\/formation of Council of Ministers and it doesn’t means by any stretch of imagination\u00a0that the strength of State’s Council of Ministers can be less than 12 initially and later on it can expanded to 12 or more in due course.<\/p>\n

Hence, Hemant points out that until and unless the strength of Punjab’s current Council of Ministers is raised from current 11 to 12, it nevertheless lacks legal (read constitutional ) sanctity in terms of First Proviso to Article 164(IA) of Constitution of India.<\/p>\n

As a consequence thereof, there would be serious question marks over the decisions taken by such Council of Ministers\/Cabinet with less than 12 Ministers including the Chief Minister as in case of Punjab currently. The first and only\u00a0meeting of Punjab’s new Cabinet till date was held this past Saturday immediately after swearing in ceremony of 10 Cabinet Ministers.<\/p>\n

Meanwhile, it has been two weeks but the Advocate is yet to get any sort of response or reply from Punjab Raj Bhawan. However, he got an email (cc copy) from the Office of Principal Secretary to CM a week back on March 21 from which it came to light that the matter has been forwarded to Secretary(PA- Political Affairs) and Superintendent (FUP) in CM Office, Punjab.<\/p>","protected":false},"excerpt":{"rendered":"

\u0915\u094d\u0937\u092e\u093e \u0915\u0930\u0947\u0902, \u092f\u0939 \u0938\u092e\u093e\u091a\u093e\u0930 \u0906\u092a\u0915\u0947 \u0905\u0928\u0941\u0930\u094b\u0927 \u0915\u0940 \u092d\u093e\u0937\u093e \u092e\u0947\u0902 \u0909\u092a\u0932\u092c\u094d\u0927 \u0928\u0939\u0940\u0902 \u0939\u0948\u0964 \u0915\u0943\u092a\u092f\u093e \u092f\u0939\u093e\u0901 \u0926\u0947\u0916\u0947\u0902\u0964 ADVOCATE HAS RAISED WRITTEN OBJECTION CITING ARTICLE 164-1A OF INDIAN CONSTITUTION CHANDIGARH 3 April 2022\u00a0 ON 16th March he Governor of Punjab, BL Purohit appointed Bhagwant Maan as Chief Minister of Punjab. He was administered Oath of Office and Secrecy […]<\/p>\n","protected":false},"author":14,"featured_media":141363,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[122,180],"tags":[81140,81139,44891,79635,72366,14446,23307,79584,1814,81142,81141,6522,63713],"class_list":["post-141362","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news","category-punjab","tag-bhagwant-maan","tag-bl-purohit","tag-chief-minister-of-punjab","tag-dr-baljit-kaur","tag-dr-vijay-singla","tag-governor-of-punjab","tag-gurmeet-singh-meet-hayer","tag-harbhajan-singh","tag-harpal-singh-cheema","tag-hemant-kumar","tag-lal-chand","tag-punjab-and-haryana-high-court","tag-punjab-raj-bhawan"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/posts\/141362","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/comments?post=141362"}],"version-history":[{"count":0,"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/posts\/141362\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/media\/141363"}],"wp:attachment":[{"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/media?parent=141362"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/categories?post=141362"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/newsnarad.com\/hi\/wp-json\/wp\/v2\/tags?post=141362"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}