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SC to hear on Oct 31 PIL seeking appointment of Law Commission chairman, members

A Supreme Court bench led by the Chief Justice of India will hear the PIL seeking appointment of chairman and members of Law Commission on 31st October. The plea has been filed by BJP member Ashwini Upadhyay who contends that since 31st August, 2018, the Central government neither extended the tenure of chairman and members nor did it notify 22nd Law Commission.

SC to hear on Oct 31 PIL seeking appointment of Law Commission chairman, members
SC to hear on Oct 31 PIL seeking appointment of Law Commission chairman, members
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Published : Oct 28, 2022, 3:56 PM IST

New Delhi: A bench of the Supreme Court led by the Chief Justice of India, UU Lalit, will hear the PIL seeking appointment of chairman and members of Law Commission on 31st October. The plea has been filed by BJP member and advocate Ashwini Upadhyay who contends that the tenure of 21st Law Commission ended on 31st August, 2018, but the Central government neither extended the tenure of chairman and members nor did it notify 22nd Law Commission.

The petitioner told the court that the Centre did approve the constitution of 22nd commission but no chairman and members have appointed till date. He further said huge harm is being done to public since the Law Commission, which examines public issues, reviews existing laws, considers directive principles to become legislations and so on, has been "headless" since 2018.

"Law Commission of India has not been working since 1.9.2018. Hence Centre doesn't have the benefit of recommendations from this specialised body on different aspects of law, which are entrusted to the commission for its study and recommendations," read the plea.

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

The plea prays for directions to the Centre to appoint chairperson and members of 22nd Law Commission within one month and make Law Commission a statutory body or use its plenary powers to appoint chairperson and members and declare Law Commission a statutory body on its own.

The petitioner also sought directions to the Law Commission to consider report on action on Vohra report and confiscation of black money, benami properties and disproportionate assets. The PIL asked the court to direct the commission to prepare two separate reports within 3 months on these issues.

New Delhi: A bench of the Supreme Court led by the Chief Justice of India, UU Lalit, will hear the PIL seeking appointment of chairman and members of Law Commission on 31st October. The plea has been filed by BJP member and advocate Ashwini Upadhyay who contends that the tenure of 21st Law Commission ended on 31st August, 2018, but the Central government neither extended the tenure of chairman and members nor did it notify 22nd Law Commission.

The petitioner told the court that the Centre did approve the constitution of 22nd commission but no chairman and members have appointed till date. He further said huge harm is being done to public since the Law Commission, which examines public issues, reviews existing laws, considers directive principles to become legislations and so on, has been "headless" since 2018.

"Law Commission of India has not been working since 1.9.2018. Hence Centre doesn't have the benefit of recommendations from this specialised body on different aspects of law, which are entrusted to the commission for its study and recommendations," read the plea.

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

The plea prays for directions to the Centre to appoint chairperson and members of 22nd Law Commission within one month and make Law Commission a statutory body or use its plenary powers to appoint chairperson and members and declare Law Commission a statutory body on its own.

The petitioner also sought directions to the Law Commission to consider report on action on Vohra report and confiscation of black money, benami properties and disproportionate assets. The PIL asked the court to direct the commission to prepare two separate reports within 3 months on these issues.

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