Arvind Kejriwal's party AAP has faced criticism over 21 MLAs holding Offices of Profit.
Opposing the appointment of 21 parliamentary secretaries by the Aam Aadmi Party government, the Centre today told Delhi High Court that it could have only one attached to Chief Minister of Delhi as per the existing provisions of law.
"That the post of parliamentary secretaries neither finds place in the Constitution of India, nor does it find place in the Delhi Members of Legislative Assembly (Removal of Disqualification) Act of 1997, except for the post of Parliamentary Secretary to the Chief Minister.
"Therefore, appointment of 21 parliamentary secretaries vide the impugned order dated March 13, 2015, is not covered by the law," the Ministry of Home Affairs (MHA) told the court.
The MHA, represented by Central Government standing counsel Jasmeet Singh, made the submission in an affidavit filed in response to the court's notice to the Centre on an NGO's Public Interest Litigation seeking quashing of Chief Minister Arvind Kejriwal's March 13 order appointing 21 Aam Aadmi Party (AAP) legislators as Parliamentary Secretaries.
In its affidavit, MHA also said that Delhi government had tried to legalise the appointment of the 21 parliamentary secretaries by amending the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, but the President has withheld his assent to the amendment bill.
The high court did not hear arguments in the matter today after the Delhi government said that a petition has been moved before Election Commission for disqualification of the 21 legislators and the poll panel has issued notice in that.
The court, thereafter, listed the matter for hearing on September 8.
On October 7 last year, the AAP government had defended its order 21 AAP legislators as Parliamentary Secretaries, saying this was done to assist the ministers and ensure harmonious functioning.