NEW DELHI: After a gap of four years, the Centre has constituted Law Commission Of India by appointing former Karnataka High Court Chief Justice Ritu Raj Awasthi as it Chairperson.
The Union government has also appointed former Kerala High Court judge Justice K T Sankaran, Prof Anand Paliwal, Prof D P Verma, Prof (Dr) Raka Arya and M Karunanithi as members of the Commission.
Justice Awasthi had presided over a High Court bench which had on March 15, this year upheld the ban on Hijab in Karnataka's Pre University Colleges. The decision when challenged before the Supreme Court had resulted in a split verdict and the matter has been sent for consideration of the larger bench.
Notably, the Law Commission of India has remained defunct since August 31, 2018, after the retirement of the Chairperson of the 21st Commission, former Supreme Court judge Justice B S Chauhan.
A PIL filed by Ashwini Upadhyaya has been pending in the Supreme Court against the delay in constituting the Law Commission of India.
The Law 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 therein and enacting new legislations.
It also conducts 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.
The plea by Upadhyay filed through advocate Ashwani Kumar Dubey said although the Centre approved setting up of twenty second (22 nd) Law Commission on February 19, 2020, but it has yet not appointed the chairman and members.
"Law Commission of India is not working since 1.9.2018 hence the 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 plea said.
Since 1.9.2018, the Commission is unable to examine public issues. Even the directions of the Constitutional Courts to Law Commission to examine matters have become dead letter, it pointed out.
In a reply to the top court's notice, the Union government's Law and Justice Ministry had last year said the appointment of Law Commission chairman and members was under consideration with authorities concerned.
