The Delhi High Court has taken a stern view of the prolonged vacancies in the Delhi State Minorities Commission, directing the city government to explain why the posts of Chairman and members have remained unoccupied for nearly a year.
A Division Bench comprising Chief Justice D.K. Upadhyaya and Justice Tejas Karia observed that the statutory requirement to fill vacancies “as soon as may be” does not grant the government the liberty to leave such positions vacant indefinitely. The court has now mandated the Government of the National Capital Territory of Delhi (GNCTD) to provide a clear timeline for these appointments.
The court’s intervention follows a Public Interest Litigation (PIL) filed by Salek Chand Jain. During the proceedings, the petitioner’s counsel highlighted a significant administrative gap: since August 24, 2023, the Delhi State Minorities Commission has been functioning without a Chairperson or any members.
Under the Delhi Commission for Minorities Act, these roles are essential for the body to fulfill its mandate of safeguarding the interests of minority communities within the capital. The petitioner argued that the total absence of leadership for such an extended period effectively renders the Commission defunct.
The Bench expressed concern over the “long period” of inactivity in the appointment process. Addressing the government’s delay, the court scrutinized the interpretation of Section 4(5) of the Act, which stipulates that vacancies should be filled by the government “as soon as may be.”
“Merely because sub-section (5) of Section 4 of the Act states that vacancy shall be filled ‘as soon as may be’ by the government, will not mean that the vacancy can be kept vacant perennially,” the Bench remarked.
The court emphasized that the phrase “as soon as may be” implies a sense of urgency rather than a justification for delay. Consequently, the Bench has called upon the Delhi government to file an affidavit to be sworn by a high-ranking official—specifically an officer not below the rank of Principal Secretary or Additional Chief Secretary.
The required affidavit must not only explain the reasons for the delay since August 2023 but also disclose:
- The specific steps taken by the authorities to initiate the appointment process.
- A definitive timeline within which the vacancies in the Commission are expected to be filled.
The matter is scheduled for further hearing on August 12, by which time the Delhi government is expected to have provided its formal response and a roadmap for restoring the Commission’s leadership.
