Supreme Court to hear plea for appointment of Chairperson, Members of Law Commission

 

On Wednesday, the Apex Court agreed to consider listing for hearing a plea seeking direction to the Centre to appoint the Chairperson & Members of the Law Commission of India & make it a statutory body.

A bench of CJI NV Ramana, Justice Krishna Murari & Justice Hima Kohli said it will list the matter for hearing after advocate & petitioner Ashwini Upadhyay mentioned the matter asking for listing of the case which was filed in 2020.

The bench said that "We will list the matter".

Earlier, the Supreme Court had issued notice to the Centre on the plea.

The Public Interest Litigation has said alternatively the Court may use its constitutional power to appoint the Chairperson & Members of the Law Commission of India.

The plea filed by Upadhyay said that on Aug 31, 2018, the tenure of the 21st Law Commission was ended but the Centre neither extended the tenure of its chairperson & members nor notified 22nd Law Commission.

Although on Feb 19, 2020, the Centre approved the Constitution of the 22nd Law Commission it has not appointed the chairperson & 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, the plea had added.

It has said the Law Commission is not working since September 1, 2018 so the Centre doesn't have the benefit of recommendations from this specialised body on the different aspects of law, which are entrusted to the Commission for its study & recommendations.

The plea added that "The Commission, on a reference made to it by the Centre, Supreme Court & High Courts, undertakes research in law & reviews existing laws for making reforms therein & enacting new legislations. It also undertakes studies & 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 The Law Commission of India not only identify laws which are no longer needed or relevant & can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy & suggest ways of improvement & reform. The Commission also suggests such legislations as might be necessary to implement Directive Principles & to attain the objectives set out in the Preamble of the Constitution". 

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