No Leader of Opposition Hindering Appointments: High Court Tells Haryana to Expedite Filling Vacancies in State Information Commission
The Punjab and Haryana High Court has directed the Haryana Government to expedite the long-pending process of appointing State Information Commissioners, while taking note of the State’s plea that the absence of a Leader of Opposition in the Haryana Vidhan Sabha has hindered the constitution of the selection committee responsible for these appointments.
The directive came during the hearing of a Public Interest Litigation (PIL) filed by Advocate Nikhil Thamman, a practicing lawyer and prominent RTI activist, who appeared before the division bench comprising Hon’ble Chief Justice and Hon’ble Mr. Justice Sumeet Goel. Thamman highlighted the near-paralysis of the Haryana State Information Commission due to the State Government’s prolonged inaction in filling key vacancies.
Advocate Thamman informed the Court that the Commission — the final appellate authority under the Right to Information Act, 2005 — had become virtually non-functional, with eight of the eleven sanctioned posts, including that of the Chief State Information Commissioner, lying vacant as of March 25, 2025. This crisis deepened following the retirement of Chief Information Commissioner Vijai Vardhan and Information Commissioner Dr. Satyavir Singh Phulia on March 24, 2025.
He argued that the State’s failure to fill these posts violates the citizens’ fundamental rights guaranteed under Articles 14, 19(1)(a), and 21 of the Constitution. More than 7,000 appeals and complaints are currently pending before the Commission, and the number continues to rise.
Thamman also reminded the Court that no new appointments had been made since March 13, 2023, despite multiple vacancies arising due to retirements. Citing the Supreme Court’s verdict in Anjali Bhardwaj v. Union of India, he emphasized that appointments to such commissions must be initiated at least one to two months before a post falls vacant to ensure uninterrupted public access to information.
In the proceedings, the State of Haryana submitted that although an advertisement has been issued to fill the posts, the process has stalled due to the absence of a Leader of Opposition in the Haryana Assembly — a mandatory member of the selection committee under the RTI Act. This, the State claimed, had delayed the committee’s formation and consequently, the appointments.
Despite this explanation, the High Court expressed concern over the prolonged delay and disposed of the petition with a direction to the State to complete the appointment process at the earliest possible date.
Advocate Thamman had earlier served a legal notice to the State on March 10, 2025, urging immediate action. The State’s failure to act upon it prompted the filing of the PIL.
The High Court’s direction puts renewed pressure on the Haryana Government to resolve the constitutional logjam caused by the lack of a formal opposition leader — a unique scenario that now threatens the efficacy of statutory institutions like the State Information Commission
