Supreme Court of India · 2017-07-26
BIMOLANGSHU ROY(DEAD)THROUGH LRS. vs STATE OF ASSAM .
- Citation / case number
- SC 2006/60278
- Court
- Supreme Court of India
- Petitioner
- BIMOLANGSHU ROY(DEAD)THROUGH LRS.
- Respondent
- STATE OF ASSAM .
- Author
- HON'BLE MR. JUSTICE J. CHELAMESWAR
- Bench
- HON'BLE MR. JUSTICE J. CHELAMESWAR, HON'BLE MR. JUSTICE R.K. AGRAWAL, HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court examined the constitutional validity of the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004, in light of Article 164(1A) of the Constitution, which limits the size of the Council of Ministers to 15% of the Legislative Assembly's strength. The Court held that the Act contravenes the constitutional mandate by allowing the appointment of Parliamentary Secretaries, which effectively increases the number of ministers beyond the stipulated limit. Consequently, the Act was declared unconstitutional and void.