Bhopal- The State Scheduled Caste-Scheduled Tribe Commission, and State Women’s Commission have been paralyzed by the absence of chairpersons and members since March 2023, leaving thousands of complaints unresolved and delaying justice for countless individuals. Despite receiving a continuous influx of complaints, these commissions have been unable to address or resolve them effectively due to the vacant leadership positions. The new government led by Dr. Mohan Yadav, following Shivraj Singh's administration, has also failed to make these crucial appointments, reducing these important constitutional bodies to mere administrative functions.

A staff member at the State Women’s Commission, speaking on condition of anonymity, stated that the commission receives about 300 complaints monthly. This adds up to nearly 3,000 complaints annually. Some complaints, which fall outside the commission’s jurisdiction, are dismissed, while others are sent to the relevant departments for reports. However, final decisions require the appointment of a chairperson or members. The situation is similar at the Scheduled Caste and Scheduled Tribe Commissions, where thousands of cases remain unresolved.

This clearly constitutes a violation of the right to justice as guaranteed by the Constitution. Article 14, which provides the right to equality, and Article 21, which guarantees the right to life and personal liberty, apply to all citizens. The pending complaints in these commissions are infringing on these rights. Such obstacles in the functioning of constitutional bodies directly violate citizens' fundamental rights.

Powers of a civil court

The State Scheduled Caste/Tribe Commission and the Women’s Commission have the powers of civil courts. They review departmental inquiries, summon concerned officials, conduct hearings, and make recommendations to the government. However, without a chairperson or members, these powers become ineffective.

The primary reason for the delay in appointments is a judicial dispute that has been pending since 2020. The BJP government canceled the appointments made by the Kamal Nath administration, leading the appointed members to challenge the decision in court. The Jabalpur High Court put a stay on the government’s action, but no substantial decisions were made regarding the commissions’ operations during this time. According to Pradeep Ahirwar, a former member of the State Scheduled Caste Commission, “The government’s cancellation of appointments has obstructed the constitutional process, directly affecting people’s access to justice.”

Over 35,000 cases pending at the Women’s Commission

The situation at the Women’s Commission is even more dire. Former member Sangeeta Sharma told The Mooknayak, "When I took charge in 2020, the commission already had 10,000 pending cases. Today, this number has surpassed 35,000.” She stated that although the government talks about women’s rights, the lack of appointments at the commission is preventing women from getting justice.

Violation of Article 32 of the Constitution

Article 32 of the Indian Constitution grants citizens the right to approach the courts for the protection of their fundamental rights. However, when the key positions in constitutional commissions remain vacant, this right becomes a mere formality. The backlog of over 60,000 complaints in these commissions serves as evidence that the constitutional process to deliver justice to the public has been severely disrupted.

When will the appointments be made?

According to sources, over 60,000 cases are pending in the Women’s Commission and the Scheduled Caste/Tribe Commissions. These cases can only be resolved once the chairpersons and members of these commissions are appointed. However, it remains unclear when these appointments will be made. Dozens of complaints are being registered daily, and for now, their resolution is in the hands of administrative officials, which is insufficient.

Recently, the government under Dr. Mohan Yadav announced the formation of a Delimitation Commission on Monday, raising the question of why appointments are not being made to crucial commissions like the SC-ST and Women’s Commissions.