Appointment of Law Commission chairperson, members under consideration, Centre tells SC

The Commission has remained headless since September 1, 2018

The Union government has told the Supreme Court that the appointment of chairperson and members of Law Commission of India was under consideration of the concerned authorities and there is no proposal to make it a statutory body.

The Law Commission undertakes research in law and review existing laws for making reforms and enacting new legislations on a reference made to it by the Centre, apex court and High Courts.

It has remained headless since September 1, 2018.

Responding to a PIL filed by BJP leader and advocate Ashwini Kumar Upadhyay, the Law and Justice Ministry said the 22nd Law Commission has been constituted on February 21, 2020 and the appointment of its chairperson and members are under the consideration of concerned authorities.

Terming the PIL as frivolous and not maintainable being devoid of merits, the Ministry said the petitioner has raised an issue which falls out of the doctrine of separation of powers and the government is presently seized of the matter regarding appointment of chairperson and members.

The top court had January 25 sought a reply from the Centre on a PIL to make the Law Commission as a statutory body and appoint chairman and members in the body.

The petitioner claimed that with the Law Commission not working, the Centre doesn’t have the benefit of recommendations from this specialised body on the different aspects of law, which are entrusted to it for study and recommendations.

The Commission is also entrusted to undertake studies and research for bringing reforms in justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc., he pointed out.

Upadhyay asked the court to direct the Centre to take appropriate steps to appoint a Chairperson and members of Twenty Second Law Commission of India.

Alternatively, being custodian of the Constitution and protector of the fundamental rights, the court may use its plenary constitutional power to appoint the Chairperson and members of the Commission of India and declare it as a statutory body, he pleaded.

In its reply, the ministry said the averments made by the petitioner misled the court to issue notice in the PIL which was liable to be dismissed with heavy cost at pre-admission stage only.

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