The vacancies in the Central government and the States in recent years have had a deleterious effect on governance. For months on end, top slots in important government agencies remain vacant. Delays in promotions and appointments not only affect the organisations but also tend to demoralise the officials who await promotions after vacancies arise.
Posts waiting to be filled
The post of the Chairman of the National Human Rights Commission was kept vacant until June this year even though the previous Chairman, H. L. Dattu, retired in December 2020. The post of the Director of the Central Bureau of Investigation (CBI) too was kept vacant until the recent appointment of Subodh Kumar Jaiswal. The post had been vacant since February after Rishi Kumar Shukla retired.
The Chief Election Commissioner (CEC), Sunil Arora, retired on April 12 amidst an aggressive election campaign and polling in West Bengal and four other States this year leaving just two members in the Commission. One of them became CEC by virtue of his seniority in the Election Commission. In case of a disagreement on any issue between the two of them, a solution would have become difficult. The Centre appointed Anup Chandra Pandey as the new Election Commissioner in June. Meanwhile, the Association for Democratic Reforms (ADR) has filed a public interest litigation in the Supreme Court demanding the appointment of Election Commissioners by a committee, as is done in the case of appointment of the Director of the CBI, and not by the Centre as is the case now. ADR has referred to the 255th Report of Law Commission that had recommended that Election Commissioners be appointed by a high-powered committee. Though the high-powered committee headed by the Prime Minister has two members – the Chief Justice of India and the Leader of the Opposition in the Lok Sabha – the Opposition leader has little say in the selection process. If the Prime Minister decides on a candidate and the CJI consents, the Opposition leader’s dissenting note carries no weight. There is a need, therefore, to expand the high-powered committee to include at least two more members of eminence with proven integrity for the selection process – preferably a retired police officer and a Chief Minister of a State governed by a party other than that of the party of the Prime Minister.
After Hrushikesh Senapaty’s retirement in November last, the National Council of Educational Research and Training, which is largely responsible for chalking out the education policy of the country, is headless. Of the 40 Central universities across the country, nearly half are without regular Vice-Chancellors.
Rakesh Asthana assumed additional charge of the Narcotics Control Bureau (NCB) from December 2019. After his appointment as Director-General (DG) of the Border Security Force in August last, he continues to hold charge of the NCB as DG. Kuldiep Singh, DG of the Central Reserve Police Force, now also heads the National Investigation Agency after the previous incumbent, Y.C. Modi, retired on May 31 last.
Impact of vacancies
Similar vacancies or examples of officers holding additional charge exist in other ministries, commissions and departments, but the government appears to turn a blind eye to the malefic effect it has on governance. Vacancies for such long periods tend to paralyse the backbone of these organisations. Appointments to higher echelons can be announced well in time. Delays in important appointments send a wrong signal to the nation. If the government can announce its chiefs and vice chiefs months in advance, there is no reason why this cannot be done in all other ministries and departments. A time frame needs to be worked out to announce top appointments at least a month in advance. Political considerations need to be pushed to the back seat for a clean and honest administration.
M.P. Nathanael is Inspector General of Police (Retd), CRPF
