Law Commission plagued with inconsistencies, delays in appointment of its members

The Centre for Civil Society (CCS), which conducted the study, on Friday said the constitution of the commission was marked with inconsistencies and delays and that the commission is treated as an ad hoc body. Its composition is marked with limited diversity and is dominated by individuals from the law background.

New Delhi: A study has claimed that the Law Commission of India is plagued with many issues, including inconsistencies and delays in the appointment of its members and a lack of diversity. The Centre for Civil Society (CCS), which conducted the study, on Friday said the constitution of the commission was marked with inconsistencies and delays and that the commission is treated as an ad hoc body. Its composition is marked with limited diversity and is dominated by individuals from the law background.

"At present, the government has full discretion to decide who will be the members, how many and the terms and conditions of their service. Procedure for these decisions is not disclosed," according to the study. Some stakeholders consulted during the study mentioned that only people whom the government wants to reward are given a position in the commission, it said. It added that majority of the members of the commission are from the law background, including lawyers and former judicial officers, even though it has reviewed issues pertaining to insolvency and corporate law.

"It fails to gain from the diverse expertise that may be provided from scholars of various fields like economics, it said. As a result, various important matters such as research on the Uniform Civil Code remain pending before the commission, it said. It further observed that the commission conducts stakeholder consultations erratically. "Even while consulting stakeholders, the commission rarely ever relies on economists or experts from other social sciences, it said.

The study further said that less than 45 per cent of the Law Commission reports have been implemented, despite the fact that reports are often prepared on issues that the government recommends. "There is no clarity on timelines either for the commission to prepare its reports, or for the Ministry/ Parliament to share its feedback on the reports submitted, it said. The study added that the commission also suffers due to the limited funding available to it.

PTI