High Court terms Former Chief Minister Facility Act Unconstitutional

On Tuesday, the High Court of Uttarakhand termed the Uttarakhand's Ex-CM Facility (Residential & Other Facilities) Act, 2019 as unconstitutional and directed authorities to collect rent from the Ex-CM.

A bench headed by Uttarakhand HC Chief Justice Ramesh Ranganathan issued the directions on a PIL filed by Dehradun-based NGO.

The HC said that all the Ex-CMs, party in the matter, will have to pay rent for the bungalows occupied by them at the current market rates & also repay the amount spent on the facilities given to them as Ex-Chief Ministers.

The Court in its order said that "To declare what the law shall be is a legislative power & 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, & not to speculate what it should be, which is the function of the legislature".

The HC was hearing a plea against Uttarakhand Former Chief Minister Facility (Residential & Other Facilities) Act, 2019 seeking directions to the Ex-CMs to pay their dues. The plea alleged that the act is wrong in giving waiver for the same.

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