New Delhi: The Supreme Court on Monday sought views of Attorney General R. Venkataramani on a plea seeking direction to the Centre to make appointment to the Law Commission of India, which had remained headless since September 2018.
A bench, headed by Chief Justice U.U. Lalit and comprising Justices S. Ravindra Bhat initially said it is not inclined to entertain the petition, as it cited the absence of statutory provision related to the appointment of the Law Commission. However, petitioner, advocate Ashwini Upadhyay requested the court to ask the AG to assist the court in the matter and it agreed with Upadhyay’s suggestion.
The plea contended that since August 30, 2018, the Law Commission of India has been headless and even direction to it to examine important legal issues by the constitutional courts remained as a dead letter only.
The plea said, “Law Commission of India is not working since September 1, 2018 hence 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 Law Commission, on a reference made to it by the Centre, apex court & high courts, undertakes research in law and reviews existing laws for making reforms therein and enacting new legislations.”
The petition, filed through advocate Ashwani Kumar Dubey, said the Law Commission not only identifies laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform.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 plea added that although the Centre approved setting up of twenty second Law Commission on February 19, 2020, it has not appointed the Chairman and members.
The plea contended that the Law Commission conveys its views on any subject relating to law and judicial administration and also considers the requests for providing research to foreign countries.
“It takes all measures as may be necessary to harness law… and revise Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and the inequities. The Law Commission has been able to make important contributions towards the progressive development and codification of Law of the country and it has so far submitted 277 reports,” added the plea.
The Central government, in its response filed last year, said the appointment of Law Commission Chairman and members was under consideration with authorities concerned.