The government has informed the Supreme Court that the appointment of the chairman and members of the 22nd Law Commission of India, the highest body of government charged with recommending crucial legislative reforms, is under consideration.
The establishment of the 22nd Law Commission was constituted by the government on February 21, 2020. However, no progress has been made in the appointments till date. The brief affidavit filed by the Department of Justice in court does not explain the reasons for the day, but simply states that “the matter concerning the appointment of the chairman and members of the Law Commission is presently before the government”. .
“It is stated that the 22nd Law Commission was constituted on February 21, 2020 and that the appointment of the chairman and member is under consideration with the relevant authorities,” the two-page affidavit reads.
The government invoked the “separation of powers doctrine”, according to which one branch of governance should not encroach on that of another. He said the petitioner, lawyer Ashwini Kumar Upadhyay, who raised the issue of the delay in appointments to the 22nd Law Commission did not come to court with “clean hands”.
The government also responded negatively to Mr. Upadhyay’s request that the Law Commission should be governed by a statute providing specific conditions for appointment, with its functions and powers spelled out.
The Center clarified that there was no such proposal to make the Law Commission a statutory body.