HC terms Uttarakhand Former CM Facility Act unconstitutional
Jun 09, 2020
Nainital (Uttarakhand) [India], June 9 : The Uttarakhand High Court on Tuesday termed the state's Former Chief Minister Facility (Residential and Other Facilities) Act, 2019 as unconstitutional and directed authorities to collect rent from the former chief minister.
A bench headed by Uttarakhand High Court Chief Justice Ramesh Ranganathan issued the directions on a public interest litigation (PIL) filed by Dehradun-based NGO.
The high court said that all the former chief ministers, party in the matter, will have to pay rent for the bungalows occupied by them at the current market rates and also repay the amount spent on the facilities given to them as former chief ministers.
"To declare what the law shall be is a legislative power and to declare what the law is or has been is a judicial power. It is within the exclusive domain of the judiciary to expound the law as it is, and not to speculate what it should be, which is the function of the legislature," the court said in its order.
The High Court was hearing a petition against Uttarakhand Former Chief Minister Facility (Residential and Other Facilities) Act, 2019 seeking directions to the former chief ministers to pay their dues. The plea claimed that the act is wrong in giving waiver for the same.
