Law commission

SC to hear argument seeking direction for the appointment of the head of the Law Commission

New Delhi: The Supreme Court is expected to hear a plea on Monday asking the central government to appoint the post of chairman of the Law Commission of India, which has been vacant since 2018.

A bench, headed by Chief Justice UU Lalit and including Justice S. Ravindra Bhat, would take up the plea filed by attorney Ashwini Kumar Upadhyay on October 10. The plea argued that since August 30, 2018, the Law Commission was headless and even the instruction given to it to review important legal issues by the constitutional courts went unheeded.

The plea read, “The Law Commission of India has not been functioning since 1 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, upon referral to it by the Centre, the Supreme Court and the High Courts, undertakes legal research and reviews existing laws for reform and enactment of 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Dubey, said the Law Commission not only identifies laws that are no longer necessary or relevant and can be immediately repealed, but also reviews existing laws in light of the guiding principles of state policy and suggests ways of improvement.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 22nd 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.

“He takes all necessary measures to master the law… and to revise the central Acts 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 country’s law and 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.