SHIMLA: Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu made a significant statement regarding the role and jurisdiction of the judiciary during the convocation ceremony of the Himachal Pradesh National Law University. In the presence of Himachal Pradesh High Court Chief Justice Justice Gurmeet Singh Sandhawalia and former Chief Justices, the Chief Minister clearly stated that if the government makes any lapse or mistake, the court has the full right to correct it, but the court does not have the right to make new rules itself.
Detailing the financial pressures arising from government employee salaries, pensions, and judicial rulings, CM Sukhu shared that about 70 percent of the state’s total treasury is spent solely on employee salaries and pension payments. Reducing this financial burden is the need of the hour. He noted that no elected government wants to deprive its employees of financial benefits, but keeping the treasury’s condition in mind is essential.
The Chief Minister highlighted the complexities arising from recruitment rules and court orders. He noted that courts sometimes issue orders that directly impact recruitment-related matters, and even when recruitment rules are not quashed, rulings granting financial benefits outside those rules are issued, placing a heavy economic burden on the state government.
Citing an old case from 2003, the Chief Minister explained that the government of that time had decided contract employees would not receive seniority and increments. However, about 20 years later, the court ruled to grant financial benefits to the employees, even though no such provision existed in the recruitment rules then or now. Such judicial decisions create excessive pressure on the state’s limited financial resources.
Additionally, CM Sukhu expressed deep concern over a High Court order regarding the use of sports grounds and the hosting of Independence Day celebrations. He stated that Himachal Pradesh is a hilly state where building new sports grounds is extremely difficult, which is why school and community grounds are shared for national events like Independence and Republic Days.
The Chief Minister stated that for the first time in 80 years of independence, the state government had to pay five lakh rupees to celebrate Independence Day, as the High Court permitted the use of the government ground with this condition. CM Sukhu maintained that the constitution gives everyone rights, and the government proceeds according to constitutional provisions. While the government can be instructed to follow rules, being ordered by the High Court to pay for celebrating Independence Day is not justified.
Describing the judiciary as a vital pillar of democracy aimed at delivering justice to common citizens and marginalized sections of society, he noted that all three organs of the constitution protect citizen rights. However, when judicial decisions create such situations in the government’s public welfare work, questions naturally arise.
He clarified that his intention is not to hurt the dignity of any institution, but to emphasize that circumstances, intent, and broader public interest should be valued while delivering justice. In a democracy, justice should not be limited to an order alone, but should be coupled with fairness, discretion, and a proper understanding of circumstances.
