Law commission

Headless Law Commission since September 2018, SC asks for the opinion of the AG

New Delhi, October 10 (SocialNews.XYZ) The Supreme Court on Monday sought the opinion of Attorney General R. Venkataramani on a plea asking the Center to appoint the Law Commission of India, which had remained unheaded since September 2018.

A bench, headed by Chief Justice UU Lalit and made up of Justices S. Ravindra Bhat, initially said it was not inclined to accept the motion, citing the lack of statutory provision for the appointment. of the Law Commission. However, the petitioner, Attorney Ashwini Upadhyay requested the court to request the AG to assist the court in this matter and he accepted Upadhyay’s suggestion.

The plea argued that as of August 30, 2018, the Law Commission of India was headless and even instructions given to it to consider important legal issues by the Constitutional Courts remained a dead letter.

The plea read: “The Law Commission of India has not been functioning since 1st September 2018, hence the Center does not benefit from the recommendations of this specialized body on various aspects of law, which are entrusted to the Commission for its study and its recommendations. The Law Commission, on referral to it from the Centre, the Supreme Court and the High Courts, undertakes research into the law and examines existing laws for the purpose of making reforms and enacting new legislation.”

The petition, filed by attorney Ashwani Kumar Dubey, said the Law Commission not only identifies laws that are no longer necessary or relevant and can be immediately repealed, but also reviews existing laws in light of the guiding principles of state policy and suggests ways of improvement. and reform. The plea added that although the Center approved the establishment of the Twenty-Second Law Commission on February 19, 2020, it did not name the chairperson and members.

The plea argued that the Law Commission conveys its views on any subject relating to law and judicial administration and also considers requests to provide research to foreign countries.

“It takes all necessary steps to exploit the law…and revise central laws of general importance in order to simplify them and remove anomalies, ambiguities and inequities. The Law Commission has been able to make important contributions to the progressive development and codification of the law of the land and it has so far submitted 277 reports,” the plea added.

The central government, in its response filed last year, said the appointment of the chairman and members of the Law Commission was under discussion with relevant authorities.

Source: IANS

Headless Law Commission since September 2018, SC asks for the opinion of the AG

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