A petition has been filed in the Supreme Court seeking a direction to the Centre to appoint a Chairperson and Members to the Law Commission of India within one month and make it a statutory body.
The petition filed by Advocate Ashwini Kumar Upadhyay has submitted that the cause of action accrued on 31.8.2018 and continues, when the tenure of the 21st Law Commission came to an end but the Centre neither extended the tenure of its Chairperson and Members nor notified the 22nd Law Commission. Further, though on 19.2.2020, the Centre approved the constitution of the 22nd Law Commission, it has not appointed the Chairperson and Members to date.
Highlighting the importance of the Law Commission, the petitioner submitted, “Injury to the public is extremely large as the Law Commission of India is headless since 1.9.2018 hence unable to examine public issues. Even the directions of the Constitutional Courts to Law Commission have become a dead letter.”
Moreover since the Law Commission is not working since 1.9.2018, the Centre does not have the benefit of recommendations from this specialized body on the different aspects of law, which are entrusted to the Commission for its study and recommendations.
The petitioner further pointed out the role of Law Commission and submitted, “The Commission, on a reference made to it by the Centre, Apex Court & High Courts, undertakes research in law and review existing laws for making reforms therein and enacting new legislations. It also undertake studies and research for bringing reforms in justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc. The Law Commission of India not only identify laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest the ways of improvement and reform. The Commission also suggests such legislations as might be necessary to implement Directive Principles and to attain the objectives set out in Preamble of the Constitution.”
Further, the Law Commission of India considers and conveys to the Centre, Apex Court and High Courts, its views on any subject relating to law and judicial administration that is referred to it and also consider the requests for providing research to foreign countries. It takes all measures as may be necessary to harness law and the legal process in the service of poor and revise Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and the inequities. The Law Commission has been able to make important contribution towards the progressive development and codification of Law of the country and it has so far submitted 277 reports.
The petitioner has further stated it is not merely the right of the individual to move the Supreme Court, but also the responsibility of the Court to enforce fundamental rights. Therefore, if the petitioner satisfies the Supreme Court that his fundamental right has been violated, it is not only the ‘right’ and ‘power’, but the ‘duty’ and ‘obligation’ of the Court to ensure that the petitioners fundamental right are protected and safeguarded.
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SUPREME COURT IS BITING AROUND THE BUSH BY NOT SEEKING JUDICIAL ACCOUNTABILITY COMMISSION BE MADE & MAKE ALL JUDICIARIES SUBJECT TO JUDICIAL REFORMS AS & WHEN AMENDED. JUDICIAL SYSTEM IS MADE OUT OF LAWYERS FRATERNITY & EVERYONE CITIZEN KNOWS CHARACTERS OF LAWYERS IN COUNTRY.