Prashant Kishor's Appointment As Advisor To Punjab CM: Supreme Court Issues Notice To Punjab Govt. In Plea Against HC Judgment

The Supreme Court of India on Thursday (May 6) issued notice to the Punjab Government in an appeal arising out of final judgment and order dated passed by the Punjab & Haryana High Court dismissing the petition challenging the appointment of Prashant Kishor as Principal Advisor to the Punjab Chief Minister, Captain Amarinder Singh.The Punjab & Haryana High Court had, while dismissing the petition, highlighted that the Chief Minister, being an elected representative has manifold Constitutional duties to discharge including good governance towards the residents of the State, and thus, he is at the liberty to choose his advisors.Prashant Kishor's Appointment As Advisor To Punjab CM- "CM Free To Choose His Advisors": P&H High Court Dismisses Plea Challenging AppointmentThe Division Bench comprising of Justice Sanjay Kishan Kaul and Justice Hemant Gupta issued notice to the Punjab Government returnable after the summer recess.Before the Supreme Court, the Counsel for the petitioners contended that Kishor is an expert in organizing elections and is assisting parties in different States. Further, it was argued that the appointment of Mr. Kishore as Principal Advisor to the Chief Minister, that too in the rank and status of a Cabinet Minister at the cost of public money is not permissible, though the Government may have an advisor with any particular expertise for governance purposes.The background of the CaseThe two petitioners, namely, Labh Singh and Satinder Singh, had filed a petition before the Punjab & Haryana High Court, praying for quashing of the order of appointment (dated 01st March 2021) of Prashant Kishor as the Principal Advisor to the Chief Minister, Punjab.It was argued that in matters of appointment to any office under State, no post could be filled up without following Article 16(1) of the Constitution which provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.Significantly, it was argued that since Kishor's appointment as Principal Advisor to the Chief Minister of Punjab would give him the status of a Cabinet Minister, he would be provided for all pay, perks, and facilities from the State Exchequer.Therefore, it was argued that it was imperative for the State to issue an advertisement as there are a large number of educated and well-qualified persons in the State of Punjab, including the petitioners.Punjab and Haryana High Court's observationsDismissing the petitioner, the Court had opined,"Since an Advisor to Chief Minister is not a post but an office which is not regulated by any statutory rules, the argument that an advertisement should be issued is completely misplaced. The appointment in question is not a civil appointment, but for the purposes of perks and rank only and thus, Article 16(1) of Constitution is not attracted."Importantly, the Court had remarked that in case the appointment, as argued by petitioners, is only to accommodate some person which will put the burden on the exchequer, then it is for the public to take its call during the next elections.Click Here To Download Court's OrderRead Court's Order

Prashant Kishor's Appointment As Advisor To Punjab CM: Supreme Court Issues Notice To Punjab Govt. In Plea Against HC Judgment

Sparsh Upadhyay

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