The Jharkhand High Court has directed the State Government to fill the vacant posts of Chairperson and Members of the Jharkhand State Human Rights Commission (JSHRC) within three months and ensure that the Commission becomes fully functional during the same period.
The order was passed by a Division Bench comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar in two connected Public Interest Litigations concerning the prolonged vacancies in the Commission.
The petitions sought directions for filling the posts of Chairperson, Members and supporting staff of the JSHRC. The Court noted that Justice R.R. Prasad, who had served as Chairperson, died on June 3, 2018. After his death, an IAS officer was given charge of the Chairperson’s post, and this arrangement continued until 2022. Thereafter, the vacancies remained unfilled and the Commission became non-functional.
The State informed the Court that the appointment process was underway and that the matter was presently before the Chief Minister. However, no definite timeline was provided for completing the appointments.
The Bench relied on the Supreme Court’s decision in D.K. Basu v. State of West Bengal, which held that the power of a State Government to establish a State Human Rights Commission is not merely discretionary but carries a corresponding duty to exercise that power. The High Court reproduced the Supreme Court’s observation that, “The power of the State Governments under Section 21 to set up the State Human Rights Commissions in their respective areas/territories is not a power simpliciter but a power coupled with the duty to exercise such power especially when it is not the case of anyone of the defaulting States that there is no violation of human rights in their territorial limits.”
The Court further noted that the JSHRC had remained ineffective for years because of vacancies in the posts of Chairperson and Members. It also recorded that the State had not effectively addressed concerns regarding supporting staff and infrastructure.
The Bench emphasised that prolonged vacancies could not be allowed to defeat the purpose of the statutory human rights mechanism.
The High Court issued a writ of mandamus directing the State Government to take all necessary steps to fill the vacancies of Chairperson and Members of the JSHRC within three months.
The State was also directed to ensure that the Commission becomes fully functional within the same period, including by providing the necessary supporting staff. The Chief Secretary of Jharkhand was made personally responsible for compliance.
The Court directed the Chief Secretary to file an affidavit of compliance by January 8, 2027, and listed the matter for January 15, 2027, to consider the compliance report.
Case Title: Himanshu Agrawal v. State of Jharkhand with Shashi Sagar Verma v. Secretary, State of Jharkhand
Case Number: W.P. (PIL) No. 1252 of 2020 with W.P. (PIL) No. 460 of 2022
