Himachal High Court slams Govt for ‘Lack of prudence and foresight’ in governance
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Shimla, Nov 6,
Expressing strong displeasure over the administrative functioning of the Himachal Pradesh government, the High Court has remarked that crucial decisions are being taken “without prudence and foresight.” The division bench, while also questioning the frequent changes in the appointment of the Legal Remembrancer-cum-Principal Secretary (Law Secretary), said the state’s conduct reflects a lack of proper legal guidance and seriousness in governance.
In a stinging observation, the Himachal Pradesh High Court has reprimanded the state government for its failure to utilize Corporate Social Responsibility (CSR) funds effectively, especially for disaster relief and rehabilitation.
The court stated that it is “unfortunate” that the government itself appears unaware of its legal rights and duties to receive CSR contributions from large corporations.
The bench of Justice Gurmeet Singh Sandhawalia and Justice Ranjan Sharma made these remarks during the hearing of a Public Interest Litigation (PIL) that questioned why the government had not sought CSR support from companies despite clear legal provisions.
The court noted that under Section 135 of the Companies Act, 2013, firms with a net worth of Rs 500 crore or more, a turnover exceeding Rs 1,000 crore, or an annual profit above Rs 5 crore are legally bound to spend at least 2 per cent of their average profits from the past three years on CSR activities.
The court observed that had the state government been aware and proactive, it could have mobilized crores of rupees from CSR funds of major companies for post-disaster relief and reconstruction work. Instead, the bench remarked, “It appears as if the government was asleep.”
The High Court has sought an affidavit from the government detailing a list of companies operating in the state that fall under CSR obligations, along with information on which firms contributed and which did not.
The court made it clear that CSR funds are not merely symbolic but must be used effectively for the welfare of society, including during natural calamities.
Legal experts believe that the High Court’s observations could set an important precedent for other states as well. By urging the government to tap into CSR funds, the ruling may help Himachal Pradesh strengthen its disaster management systems and reduce dependence on central assistance.
The bench’s strong comments have also raised questions about the performance of the government’s advisors and bureaucrats, who, despite drawing substantial salaries, failed to provide sound legal and administrative advice to the state machinery.
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