Make Law Commission A Statutory Or Constitutional Body: HC

The Madras High Court has steered to the Centre to make the Law Commission of India as a statutory or constitutional physique, inside six months.

The authorities shall allot extra funds and supply infrastructural services to the Commission for analysis and appoint a Chairman and members to it inside three months, failing which the principal secretary and the secretary of the Implementation Cell of the division of Legal Affairs connected to the Union Ministry of Law and Justice shall seem earlier than it, the Madurai Bench of the Madras High Court mentioned.

A Nodal Officer, who’s effectively certified in regulation, shall be appointed inside six months in every division to notice down the courts” suggestions to carry to the information of the coverage makers of every division by means of periodical reviews, so {that a} coverage determination can be taken, the bench of Justices N Kirubakaran (since retired) and B Pugalendhi added.

Taking into consideration the wonderful work accomplished by the Law Commissions by means of revolutionary suggestions, it’s acceptable for the federal government to make it a statutory or a constitutional physique, like National Commission for Scheduled Caste and Scheduled Tribes and Backward Classes, in order that its suggestions are binding upon the federal government. To do analysis work, ample funds must be allotted for the functioning of the Law Commission, the judges mentioned.

“In view of the above, this Court directs the government to consider the suggestions made by this Court to provide either statutory status, after enacting Central Act or give constitutional status like the Commission for SC/ST, Backward Classes by amending the Constitution. The whole exercise done by the Law Commission with research and also consulting various stakeholders and making recommendations would become futile, if the recommendations are not acted upon,” the bench added.

The bench was permitting not too long ago, a public curiosity writ petition from Ok Pushpavanam of Athalai village in Madurai district, which prayed for a path to the authorities involved to suggest a complete laws within the discipline of “Torts and State Liability” as per the sooner instructions of the Supreme Court in 2014.

The petitioner contended that the Legislature had persistently did not enact legal guidelines on the recommendations and proposals of the courts, which have been within the curiosity of the society. It was nonetheless worse with regard to acceptance of the suggestions of the Law Commission, which after getting inputs from varied stakeholders and discussions on varied points, made the suggestions to the federal government to enact regulation.

They had been neither accepted nor acted upon however had been saved in chilly storage for many years collectively, petitioner added. 


Leave a Reply

Your email address will not be published. Required fields are marked *