Law commission

Make the Law Commission a statutory or constitutional body: Madras HC

The Madras High Court suggested that the Center make the Law Commission of India a statutory or constitutional body, within six months.

The government allocates more funds and infrastructure to the research commission and appoints a chairman and members of it within three months, failing which the principal secretary and the secretary of the department’s implementation unit. of legal affairs attached to the Union’s Ministry of Law and Justice must appear before it, said Madurai bench of the Madras High Court. A Nodal Officer, well qualified in law, is appointed within six months in each department to note the recommendations of the courts to be brought to the attention of decision-makers in each department through periodic reports, so that a political decision would be made. taken, added the bench of Judges N Kirubakaran (since retired) and B Pugalendhi. In view of the excellent work done by law commissions through revolutionary recommendations, it is appropriate that the government make them a statutory or constitutional body, such as the National Commission of Scheduled Castes and Tribes and Backward Classes, so that its recommendations are binding on the government. To carry out research, sufficient funds must be allocated for the functioning 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 provide either statutory statute, after enacting the Central Law, or constitutional statute such as Commission for SC / ST, Backward Classes by amending the Constitution. The whole exercise carried out by the Law Commission with research and also the consultation of various stakeholders and the formulation of recommendations would become in vain if the recommendations are not followed up ”, added the bench. The bench recently authorized a public interest petition from K Pushpavanam of Athalai Village in Madurai District, who called on the relevant authorities to come up with comprehensive legislation in the area of ​​”state crimes and liability.” in accordance with previous instructions from the Supreme Court in 2014.

The petitioner argued that the legislature systematically failed to enact laws on the suggestions and recommendations of the courts, which was in the interests of society. It was even worse when it came to accepting the recommendations of the Law Commission, which, after obtaining input from various stakeholders and discussions on various issues, recommended that the government enact the law.

They were neither accepted nor implemented but have been kept in a cold store for decades, the petitioner added.

(Only the title and image of this report may have been reworked by Business Standard staff; the rest of the content is automatically generated from a syndicated feed.)

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