A plea has been filed in the Apex Court seeking direction to the Centre to appoint the Chairperson & Members of the Law Commission of India within one month & make it a statutory body.
The Public Interest Litigation (PIL) plea said that alternatively, the Court may use its constitutional power to appoint the Chairperson & Members of the Law Commission of India.
The PIL filed by Lawyer Ashwini Upadhyay said that the cause of action accrued on Aug 31, 2018, & continues, when the tenure of twenty-first Law Commission was ended but Centre neither extended the tenure of its Chairperson & Members nor notified 22nd Law Commission.
Although on Feb 19, 2020, Centre approved the constitution of twenty-second Law Commission but it has not appointed the Chairperson & Members till date, the petition said.
Injury to the public is extremely large as the Law Commission of India is headless since Sept 1, 2018, hence unable to examine public issues, it added.
Upadhyay said that the Law Commission is not working since Sept 1, 2018, so 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 & recommendations.
The petition said that “The Commission, on a reference made to it by the Centre, Supreme Court and High Courts, undertakes research in law & review existing laws for making reforms therein & enacting new legislations. It also undertakes studies & 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 petition added, “The Law Commission of India not only identifies laws which are no longer needed or relevant & can be immediately repealed but also examines the existing laws in the light of Directive Principles of State Policy and suggests the ways of improvement & reform. The Commission also suggests such legislation as might be necessary to implement Directive Principles & to attain the objectives set out in Preamble of the Constitution”.