SC to hear on appointment of members of Law Commission on Oct 10

NEW DELHI: The Supreme Court is scheduled to hear on Monday a plea seeking direction to the Centre to appoint the Chairperson and Members of the Law Commission of India and make it a statutory body. A bench headed by Chief Justice UU Lalit will hear the petition filed by advocate and petitioner Ashwini Upadhyay.

Earlier, the apex court had issued notice to the Centre on the plea which was filed in 2020. The PIL has said alternatively the court may use its constitutional power to appoint the Chairperson and Members of the Law Commission of India.

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

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

Injury to the public is extremely large as the Law Commission of India is headless since September 1, 2018, hence unable to examine public issues, the plea had added.

It has said the Law Commission is not working since September 1, 2018, so the Centre doesn't have the benefit of recommendations from this specialised body on the different aspects of law, which are entrusted to the Commission for its study and recommendations.

The PIL stated, "The Commission, on a reference made to it by the Centre, Supreme Court and High Courts, undertakes research in law and reviews existing laws for making reforms therein and enacting new legislations. It also undertakes studies and research for bringing reforms in justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in the cost of litigation etc."

"The Law Commission of India not only identify laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform.

The Commission also suggests such legislations as might be necessary to implement Directive Principles and to attain the objectives set out in the Preamble of the Constitution," the plea added.