"No Proposal Under Consideration To Make Law Commission Of India A Statutory Body" Centre Tells Supreme Court

Opposing a plea seeking directions to make Law Commission a statutory body, the Union of India has informed the Supreme Court that while appointment of Chairperson and Member of 22nd Law Commission is under consideration, no proposal is under consideration to make Law Commission of India a statutory body.

The submissions have been made by Union of India through an affidavit filed by the Ministry of Law and Justice before the Supreme Court.

The affidavit has been filed in a writ petition filed by Advocate Ashwini Kumar Upadhyay under Article 32 of Indian Constitution seeking directions to the Centre to appoint the Chairperson and Members of the Law Commission of India and make it a statutory body. Supreme Court had issued notice in the matter on 25th January 2021.

Arguing that the petitioner hasn't approached the Court with 'clean hands', Centre has stated that the issue raised in the petition clearly falls out of the doctrine of separation of power.

Further, the Government is, presently seized of the matter regarding appointment of Chairperson and Members of the Law Commission of India.

The Union of India has argued that the present petition is frivolous, not maintainable and is liable to be dismissed with heavy costs at pre admission stage only.

Through the present petition, the petitioner has argued that being the custodian of the Constitution and the protector of fundamental rights, the Court may use its constitutional power to make the necessary appointments.

"The Cause of action accrued on 31.8.2018 and continues, when the tenure of twenty-first Law Commission was ended but Centre neither extended the tenure of its Chairperson and Members nor notified Twenty Second Law Commission. Although, on 19.2.2020, Centre approved constitution of Twenty-second Law Commission but it has not appointed the Chairperson and Members till date", avers the petition.

The petition has pointed out that since the Law Commission is not working since 1.9.2018, 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 petition has stressed that the Law Commission of India considers and conveys to the Centre, Apex Court and High Courts, its views on any subject relating to law and judicial administration that is referred to it 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.

Case Title: Ashwini Kumar Upadhyay vs Union of India & Ors 

Click Here To Read/Download Affidavit