Delhi HC flags delay in filling Minorities Commission posts, seeks answers from GNCTD

The Delhi High Court has raised strong concerns over the continued vacancies in the Delhi State Minorities Commission, directing the Government of the National Capital Territory of Delhi to explain why key posts have remained unfilled since August 2023. The court’s intervention came while hearing a public interest litigation highlighting that the commission has effectively been non-functional for nearly two years.

Court rejects ‘indefinite delay’ interpretation

A division bench led by Chief Justice D K Upadhyaya observed that the delay in appointments was significant and could not be justified under the law. The bench made it clear that the statutory phrase “as soon as may be” cannot be interpreted to allow indefinite vacancies.

The court emphasised that such an approach would defeat the very purpose of establishing the Commission, which is meant to safeguard minority rights and address grievances. It added that the law imposes a responsibility on the government to act within a reasonable timeframe rather than leaving posts vacant at its discretion.

Government asked to file detailed affidavit

Issuing notice to the Delhi government, the bench directed that a detailed affidavit be filed by a senior official, not below the rank of Principal Secretary or Additional Chief Secretary. The court has asked for clear reasons behind the delay, along with steps taken so far to fill the positions.

Importantly, the government has also been asked to provide a definite timeline for completing the appointments, indicating the court’s intent to ensure a time-bound resolution rather than a routine explanation.

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Impact on functioning and public trust

The petitioner pointed out that the absence of a chairperson and members since August 24, 2023, has rendered the Commission ineffective. The court acknowledged that such prolonged vacancies directly affect its ability to function as an institutional mechanism for minority welfare.

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The bench noted that delays in filling statutory posts undermine governance and weaken public confidence in institutions designed to ensure inclusivity. Stressing the importance of timely administrative action, the court signalled that prolonged inaction in such matters would not go unchecked.

The case is now scheduled for further hearing on August 12, when the court will review the government’s response and decide on the next course of action.