Law commission

The SC will hear the request for appointment of the President and members of the Law Commission

The Supreme Court on Wednesday agreed to consider listing to hear a plea asking the Center to appoint the chairman and members of the Law Commission of India and make it a statutory body.

A bench of Chief Justice NV Ramana, Justices Krishna Murari and Hima Kohli said they would list the case to be heard after lawyer and petitioner Ashwini Upadhyay mentioned the case asking for the listing of the case which was filed in 2020.

“We’ll list the case,” the bench said.

Earlier, the Supreme Court had issued an opinion to the Center on the plea.

The PIL said the court can use its constitutional power to appoint the chairman and members of the Law Commission of India.

The PIL filed by Upadhyay said that on August 31, 2018, the term of the 21st Law Commission ended, but the Center neither extended the term of its chairman and members nor notified the 22nd Law Commission.

Although on February 19, 2020, the Center approved the Constitution of the 22nd Law Commission, it has not appointed the chairperson and members till date, the plea states.

The harm to the public is extremely significant as the Law Commission of India has been headless since September 1, 2018 and therefore unable to consider public matters, the plea had added.

He indicated that the Law Commission has not been functioning since September 1, 2018, so the Center does not benefit from the recommendations of this specialized body on the different aspects of law, which are entrusted to the Commission for its study and recommendations. .

“The Commission, on referral to it from the Centre, the Supreme Court and the High Courts, undertakes research into law and examines existing laws for the purpose of making reforms and enacting new legislation. It also undertakes studies and research to bring about reforms in justice delivery systems, for elimination of delays in proceedings, expeditious settlement of cases, reduction in cost of litigation, etc. The Law Commission of India not only identifies the laws that are no longer necessary or relevant and can be immediately repealed, but also reviews existing laws in light of the guiding principles of state policy and suggests avenues for improvement and reform. that may be necessary to implement the guiding principles and achieve the objectives set out in the preamble of the Constitution,” adds advocacy.

(With ANI entries)

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