Plea filed in SC for appointment of chairperson, members to Law Commission

A petition has been filed in the Supreme Court seeking direction to the Centre to appoint the Chairperson and Members of the Law Commission of India within one month and make it a statutory body.

The Public Interest Litigation (PIL) plea said that alternatively, the Court may use its constitutional power to appoint the Chairperson and Members of the Law Commission of India.

The PIL filed by Advocate Ashwini Upadhyay said that the cause of action accrued on August 31, 2018, and continues, when the tenure of twenty-first Law Commission was ended but Centre neither extended the tenure of its Chairperson and Members nor notified twenty-second Law Commission.

Although on February 19, 2020, Centre approved the constitution of twenty-second Law Commission but it has not appointed the Chairperson and Members till date, the plea said.

Injury to the public is extremely large as the Law Commission of India is headless since September 1, 2018, hence unable to examine public issues, it added.

Upadhyay said that the Law Commission is not working since September 1, 2018, so Centre does not have the benefit of recommendations from this specialised body on the different aspects of law, which are entrusted to the Commission for its study and recommendations.

“The Commission, on a reference made to it by the Centre, Supreme Court and High Courts, undertakes research in law and review existing laws for making reforms therein and enacting new legislations. It also undertakes studies and research for bringing reforms in justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in the cost of litigation etc,” the plea said.

“The Law Commission of India not only identifies laws which are no longer needed or relevant and can be immediately repealed but also examines the existing laws in the light of Directive Principles of State Policy and suggests the ways of improvement and reform. The Commission also suggests such legislation as might be necessary to implement Directive Principles and to attain the objectives set out in Preamble of the Constitution,” the plea added.

Leave a Reply