Law commission

Make the Law Commission a statutory or constitutional body: High Court

The Madras High Court suggested to the Center to make the Law Commission of India a statutory or constitutional body, within six months. The government will allocate more funds and provide infrastructure to the Research Commission and appoint a chairperson and members within three months, failing that the principal secretary and the secretary of the implementation unit of the legal affairs department. attached to the Union Ministry. of Law and Justice will appear before him, said the Madurai Bench of the Madras High Court.

A nodal officer, holder of a legal training, is appointed within six months in each department to record the recommendations of the courts to bring to the attention of the decision-makers of each department by means of periodic reports, so that a political decision would be taken, added bench judges N Kirubakaran (since retired) and B Pugalendhi. In view of the excellent work done by the Law Commissions through groundbreaking recommendations, the government should make it a statutory or constitutional body, such as the National Commission on Scheduled Castes, Scheduled Tribes and Backward Classes, so that its recommendations are binding on the government. To carry out research, sufficient funds must be allocated for the operation of the Law Commission, the judges said.

“In view of the foregoing, this Court directs the Government to consider the suggestions made by this Court to either provide statutory status, after enactment of the Central Act, or to provide constitutional status as the Commission for SC/ST, Backward Classes by amending the Constitution. The whole exercise carried out by the Law Commission with research, as well as consulting with various stakeholders and making recommendations would become futile if the recommendations are not acted upon,” said added the bench.

The bench recently cleared a written public interest petition from K Pushpavanam of Athalai village in Madurai district, which requested the relevant authorities to come up with comprehensive legislation in the area of ​​”Treats and State Liability” in accordance to the previous instructions. of the Supreme Court in 2014. The petitioner argued that the Legislative Assembly had consistently failed to enact laws on the suggestions and recommendations of the courts, which were in the interests of society.

It was even worse with regard to the acceptance of the recommendations of the Law Commission, which after obtaining inputs from various stakeholders and discussions on various issues, made recommendations to the government to enact the law. They were neither accepted nor implemented, but were kept in cold storage for decades, the petitioner added.