Mizoram: Advisors to CM Lalduhoma violation of Article 164 (1A): People’s Conference Party

President of the People’s Conference Party, Vanlalruata submitted a memorandum to the Governor of Mizoram, Haribabu Kambhampati, on July 9 requesting necessary action again the violation of Article 164 (1A) of the Indian Constitution by five advisers to Chief Minister Lalduhoma.

In a memorandum to the Governor and Val Upa Council (Elders’ Council) of the Zoram Peoples Movement Party, the party stated that necessary action must be taken against the violation of Article 164 (1A) of Indian Constitution as (1A) mentions that “the total number of ministers, including the chief minister, in the council of ministers in a state shall not exceed fifteen per cent of the total number of members of the legislative Assembly of that state, provided that the number of ministers, including the chief minister shall not be less than twelve.”

President Vanlalruata stated that the Governor must ban the five advisors to the Mizoram CM as the practice is unconstitutional and violates the Ninety First Constitution Amendment Act 2003, which allows the Mizoram government to have up to twelve ministers.

Furthermore, he added that the state currently has twelve ministers and an additional five advisors to the chief minister in the rank and status/equivalent of Minister of State.

In their memorandum, they also highlighted the names of five advisors who have been assigned department and policy.

1. Dr KC Lalmalsawmzauva: Adviser to the Chief Minister i/c Implementation of Hand-holding Policy
2. Dr Lorrain Lalpekliana Chinzah: Adviser to the Chief Minister i/c Health and Agriculture
3. Er. H. Ginzalala:  Adviser to the Chief Minister i/c Technical
4. Lalmuanpuia Punte: Adviser to the Chief Minister i/c Political
5. TBC Lalvenchhunga: Adviser to the Chief Minister i/c Finance

Furthermore, they added that while the government of Mizoram does not provide offices for MLAs, it provides separate offices for the aforementioned incumbents. These incumbents run offices and act like Ministers of State without independent charge. 

Despite the rules of the Government of Mizoram, which only provide personal assistants and household peons for MLAs from the Assembly Secretariat, the present government provides many staff members for the aforementioned so-called advisers/incumbents. All of these factors demonstrate that advisers to the Chief Minister not only perform ministerial duties but are also treated like ministers.

They concluded that the previous state of Mizoram had also appointed seven Parliamentary Secretaries earlier but resigned just after the Supreme Court ruling against the Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004. 

Furthermore, for further cooperation, the PC party will be inquiring through RTI from time to time about any action taken by the Governor’s office in this matter, which will be published to the public through necessary means.