Law commission

SC to hear PIL for appointment of 22nd Law Commission chairperson and members

The Supreme Court on Monday agreed to hear a plea asking the Center to declare the Law Commission a “statutory body” and appoint the chair and panel members within a month.

A bench of Chief Justice Bobde and Justices AS Bopanna and V Ramasubramanian addressed an opinion to the Advocacy Center of Chief Justice and BJP Lawyer Ashwini Upadhyay, which appointed the Ministries of Home Affairs and Law and Justice as that the Law Commission of India as parties.

The plea stated that the cause of action arose on August 31, 2018 and was still running when the mandate of the 21st Law Commission ended, but the Center did not extend the term of its chairman and of its members nor notified the 22nd Law Commission.

“Although, on February 19, 2020, the Center approved the constitution of the twenty-second Law Commission, but it has not appointed the chairperson and members until this day,” Upadhyay said in the filed petition by attorney Ashwani Kumar Dubey.

The plea, which sought to ask the Center to appoint the chairperson and members of the 22nd law panel, also made an alternative prayer urging the supreme court to do what is necessary itself.

“Alternatively, as the guardian of the Constitution and protector of fundamental rights, the Court may be happy to use its plenary constitutional power to appoint the chairperson and members of the Twenty-Second Law Commission of India and declare that the Law Commission of India is a statutory body, ”he said.

Upadhyay has requested instructions from the legal panel, to be set up, to also consider its submission seeking action on the Vohra commission report on the alleged link between politicians and criminals.

PIL also called for action from the legal panel on advocacy “seeking 100% confiscation of black money, benami property and disproportionate assets and life imprisonment to looters as representation and prepare two separate reports within three months ”.

He said: “The damage to the public is extremely significant, as the Law Commission of India has been headless since September 1, 2018, and therefore is unable to consider public matters. Even the constitutional courts’ instructions to the Law Commission have become a dead letter “.

The plea stated that on December 11, 2020, the petitioner withdrew other PILs asking for action on the Vohra report and asking for 100% confiscation of black money, Benami’s property with the freedom to apply to the Law Commission, but could not do it because its headless.

Advocacy given that the Law Commission does not function, the Center does not benefit from the recommendations of this specialized body on different aspects of the law, which are entrusted to the Commission for its study and recommendations.

The Commission, on a reference made to it by the Center, the Supreme Court and the High Courts, undertakes research in law and reviews existing laws in order to make reforms and promulgate new legislation, she said. declared.

The panel has been able to make an important contribution to the progressive development and codification of the country’s law and has so far submitted 277 reports, according to the plea.

(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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