M.B. ADINARAYANA, Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The question which arises for consideration in both the petitions is whether the Karnataka Parliamentary Secretaries Salaries, Allowances and Miscellaneous Provisions Act, 1963 (for short 'the said Act of 1963') as amended by the Karnataka Parliamentary Secretaries Allowances (Amendment) Act, 1999 is constitutionally valid? The said Act of 1963 empowers the Hon'ble Chief Minister to appoint Parliamentary Secretaries from amongst the members of the Karnataka Legislative Assembly and the Karnataka Legislative Council. In Writ Petition No. 2073 of 2019, there was a prayer to remove the 3rd to 10th Respondents from the posts of Parliamentary Secretaries. The said prayer does not survive for consideration, the reason being, those respondents are no longer the Parliamentary Secretaries.

(2.) The said Act of 1963 made as originally enacted read thus:

(3.) We must note here that the said Act was substantially amended by the Karnataka Parliamentary Secretaries Allowances (Amendment) Act, 1999 (for short, 'the Amendment Act of 1999"). The said Act, as it stands today, after the amendment brought in the year 1999 reads thus: