NEW DELHI: The Supreme Court is set to take up on October 31 a PIL by advocate Ashwini Kumar Upadhyay for direction to the Centre to make appointment to the Law Commission of India, which had remained headless for over four years.
A bench headed by Chief Justice of India U U Lalit would consider the matter as the court had earlier on October 10 sought views of Attorney General R Venkataramani.
Upadhyay said the post of Law Commission chairman has been vacant for 50 months.
The plea 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.
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 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.
"The Law Commission not only identify laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest the ways of improvement and reform. The Commission also suggests such legislations as might be necessary to implement Directive Principles and to attain the objectives set out in Preamble of the Constitution of India," the plea said.
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 the legal process in the service of poor 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 contribution towards the progressive development and codification of Law of the country and it has so far submitted 277 reports, the plea added.
