Expressing serious concern over prolonged vacancies in key constitutional
bodies in Jharkhand, the Jharkhand High Court observed that leaving such
institutions non-functional for over four years is unjustifiable under any
circumstances.
While hearing a PIL on the appointment of Chairpersons and Members, a Division Bench of Chief Justice MS Sonak and Justice Rajesh Shankar directed the state government to fill all vacant posts at the earliest and ensure these bodies resume functioning promptly, warning that failure to comply could invite stringent judicial action.
While making observations, the Court remarked that constitutional institutions serve as the backbone of the democratic system, and leaving the posts of Chairpersons and members vacant severely impairs their operational efficiency. The Court directed the government to fill all vacant posts as expeditiously as possible to ensure the institutions remain functional.
Notably, this is not the first instance where the High Court has demonstrated firmness regarding this issue. Previously, the Court had directed the State Government to initiate the appointment process for vacant posts within a stipulated timeframe.
Expressing displeasure over the undue delays in appointments, it had sought an explanation from the government. In certain instances, it had specifically asked the government to clarify why the selection process remained pending. It had also advised the adoption of interim measures to ensure that these institutions did not remain defunct.
Despite these directives, as the situation failed to show the expected improvement, the Court has now adopted an even stricter stance.
Meanwhile, representing the state government, Advocate General Rajiv Ranjan informed the Court that efforts are underway to expedite the appointment process for various constitutional posts, including that of the Lokayukta. A meeting for the appointment of the Lokayukta will be convened shortly, a proceeding that mandates the presence of both the Chief Minister and the Leader of the Opposition, he said.
The Advocate General informed that court that currently, both are occupied with the ongoing Legislative Assembly session.
Counsel for the petitioner, Rajkumar, submitted to the Court that the government has sought adjournments in this matter on more than 50 occasions to date, yet the appointment process remains incomplete.
It is pertinent to note that during the previous hearing, the High Court had
directed the State Government to appoint the Lokayukta within six weeks.
Notably. for the past four years, the government has kept these posts inoperative, and on every occasion, it has stalled the matter by citing some difficulty or another. The Court has scheduled the next hearing of the case for March 23.