PIL In SC for the Appointment of Chairpersons and Members to the 22nd Law Commission

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A petition is filed in the Supreme Court of India seeking directions to the Centre to appoint chairperson and members to the Law Commission of India within one month.

The PIL was filed by BJP Leader and lawyer Mr. Ashwani Upadhyay also seeks to declare the Law Commission of India as a ‘statutory body’. As per the plea, the cause of action arose on August 31, 2018, but it is still continuing even when the tenure of the 21st Law Commission has ended. Even though, the centre has not taken any step toward extending the tenure of the chairperson and members of the 21st Law Commission and neither it has issued any notification regarding the announcement of the 22nd Law Commission.

It said,

Although on February 19, 2020, Centre approved the constitution of Twenty-second Law Commission, it has not appointed the Chairperson and Members till date.”

The plea filed also urge the Apex Court the needful itself in the present matter,

Alternatively, being the custodian of the Constitution and protector of the fundamental rights, the Court may be pleased to use its plenary constitutional power to appoint the Chairperson and Members of the Twenty-Second Law Commission of India and declare that the Law Commission of India is a Statutory body.”

The Plea also sought action from the law panel on the plea seeking 100% percent confiscation of the black money, Benami property, and disproportionate assets and life imprisonment to looters as representation and prepare two separate reports within three months.

The plea also reflected the Constitutional importance of the Law Commission of India. It has mentioned,

Injury to the public is extremely large as the Law Commission of India is headless since September 1 2018 hence unable to examine public issues. Even the directions of the Constitutional Courts to Law Commission have become a dead letter.”

Due to the non-functioning of the Law Commission of India, the Centre is being denied the benefit of the recommendation from this specialized body on the various aspects of the law.


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