SC notice to Centre on Law Commission appointments

SC notice to Centre on PIL seeking appointment of chairman, members of Law Commission

The petitioner claimed that with the Law Commission not working, the Centre doesn’t have the benefit of recommendations from this specialised body on different aspects of law

Credit: Reuters File Photo

The Supreme Court on Monday sought a reply from the Centre on a PIL to make the Law Commission a statutory body and appoint chairman and members of the body which has remained headless since September 1, 2018.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian issued a notice to the Union government on the petition by Delhi BJP leader and advocate Ashwini Kumar Upadhyay.

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

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

It also undertakes studies and research for bringing reforms in justice delivery systems for the 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 the 22nd Law Commission of India.

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