The Supreme Court on 22/11/2024 issued notice on a Special Leave Petition filed by the State of Himachal Pradesh challenging a Himachal Pradesh High Court judgment that nullified the Himachal Pradesh Parliamentary Secretaries (Appointment, Salaries, Allowances, Powers, Privileges and Amenities) Act, 2006 permitting MLAs to serve as Parliamentary Secretaries. 

A bench comprising CJI Sanjiv Khanna and Justice PV Sanjay Kumar stayed the High Court's order to initiate disqualification proceedings against affected MLAs, pending further hearing.

The High Court had declared the Act unconstitutional, citing it as a violation of Article 164(1-A) of the Constitution, which restricts the size of the cabinet. It also found the protection from disqualification under the 1971 Act illegal, stating that Parliamentary Secretaries effectively performed ministerial functions.

The Apex Court granted two weeks for the respondents to file counter-affidavits and two additional weeks for the State's rejoinder, while observing that no further MLA appointments to these roles should occur during the interim period.

Case Title: State of Himachal Pradesh & Anr. v. Kalpana Devi & Ors., SLP (C) Nos. 27211-27212/2024