SC to consider PIL to appoint chairman, members of Law Commission

The Supreme Court is scheduled to consider on Monday a PIL for a direction to make the Law Commission as a statutory body and appoint chairman and members in the body, which remained without a chief since September 1, 2018.

A bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian would take up on January 25 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 the 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 review existing laws for making reforms 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 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.