No proposal under consideration to make Law Commission statutory body: SC told


The Central government has told the Supreme Court that the appointment of the members of the Law Commission of India and its chairperson was under the consideration with the concerned authorities, and there is no proposal under consideration to make it a statutory body.

The Law Commission of India undertakes research in law and also reviews existing laws and enacting new legislation on the reference made to it by the top court, various high courts and also the Centre. However, since September 2018, it has remained headless.

The Centre’s response came on a PIL filed by advocate Ashwini Kumar Upadhyay. According to the Law and Justice Ministry, the 22nd Law commission was constituted on February 21, 2020 and the appointment of its chairperson and members are under the consideration of concerned authorities.

The Centre told the Supreme Court that there is no proposal under consideration to make the commission a statutory body.

The Centre termed the PIL frivolous and devoid of merits and added that the petitioner has raised an issue which falls out of the doctrine of separation of powers. It further added that the government is seized of the matter in connection with the appointment of chairperson and the members of the commission.

On January 25, the top court had sought a reply from the Centre on the PIL filed by Upadhyay.

The Centre said the averments made by the petitioner misled the court to issue notice on the plea, which is liable to be dismissed.

The petitioner claimed with the non working of the Law Commission, the Centre does not 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 plea urged the top court to direct the Centre to take appropriate steps to appoint a chairperson and members of the Law Commission of India.



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