File Photo of Delhi Chief Minister Arvind Kejriwal
As it engages in pitched battle over control with Lieutenant Governor Najeeb Jung, the Aam Aadmi Party government in Delhi has been sent notice by the High Court on a petition that challenges chief minister Arvind Kejriwal's appointment of 21 legislators as parliamentary secretaries.
The High Court has asked the Delhi government to reply to its notice by July 1, when the court hears the case next. But it has not stayed the appointments.
21 AAP legislators were appointed as parliamentary secretaries attached to ministries on March 13 this year, a month after the AAP government took office.
An organisation called the Rashtriya Mukti Morcha has petitioned the Delhi High Court, contending that these 21 legislators enjoy the status and perks of ministers including office space and official cars, which is "misuse of the taxpayer's money."
The public interest litigation or PIL alleges that these appointments are "unconstitutional, illegal and without jurisdiction" and should be cancelled, pointing the Delhi government can have a maximum of seven ministers. It contends that along with seven ministers in Mr Kejriwal's cabinet, these 21 people with minister status far exceed that limit.
When the parliamentary secretaries were appointed, the AAP government had said they would facilitate smooth government functioning, but made it clear they would not receive any remuneration or perk of any kind that would mean an extra burden on the exchequer.
The order, however, permits them to use government transport for official purposes and has earmarked space in the ministers' offices to help them in official work.
The petition argues that the chief minister has "no power, jurisdiction or authority" to administer oath of office to parliamentary secretaries.