PIL in SC seeks appointment of chairperson in Law Commission

A petition has been filed in the Supreme Court seeking direction to the Centre to appoint the Chairperson and Members of the Law Commission of India within one month and make it a statutory body. The Public Interest Litigation (PIL) plea said that alternatively, the court may use its constitutional power to appoint the Chairperson and Members of the Law Commission of India.

New Delhi: A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking directions to the centre to appoint a Chairperson and members of Twenty-Second Law Commission within a month and make the law commission a statutory body.

On 31st August 2018, the tenure of Twenty-First Law commission had ended but the centre did not take any step to extend the tenure or notify till 19th February 2020. It approved the constitution of Twenty-Second Law Commission on 19th February this year but failed to appoint any member and chairperson till date.

The petitioner, BJP member and Advocate Ashwini Upadhyay, has contended that the Law Commission has been "headless" since 2018 causing injury to the public.

Earlier, on one of his plea pertaining to confiscation of 100% black money, he was directed by the top court to withdraw and approach the law commission but he was unable to do so as there is nobody heading the commission.

He has contended that the law commission undertakes research in law, review existing laws for reforms in justice delivery system so that there is speedy disposal of cases, reduction in the cost of litigation etc. But as it is not working, "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".

"It is not merely right of the individual to move the Supreme Court, but also the responsibility of the court to enforce fundamental rights. Therefore, if the petitioner satisfies the Supreme Court that his fundamental right has been violated, it is not only the 'right' and 'power' but the 'duty' and 'obligation' of the court to ensure that the petitioners fundamental right is protected and safeguarded," read the plea.

Lastly, the petitioner has sought directions from the court to the Law Commission to consider his plea on black money as representation and prepare two separate reports on it within three months.