SC to hear plea for appointment of chairperson, members of Law Commission

The Supreme court on Wednesday agreed to consider listing for hearing 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 of Chief Justice NV Ramana, Justices Krishna Murari and Hima Kohli said it will list the matter for hearing after advocate and petitioner Ashwini Upadhyay mentioned the matter asking for listing of the case which was filed in 2020.

"We will list the matter," the bench said.

Earlier, the apex court had issued notice to the Centre on the plea.

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 22nd Law Commission 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 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 The Law Commission of India not only identify laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform.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.

( With inputs from ANI )

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