Chennai: The Madras High Court (Madurai Bench) has directed the Central government to consider making the Law Commission a statutory or constitutional body.
“What is the use of having a Law Commission of India without its recommendations being acted upon,” a bench of Justices N. Kirubakaran (since retired) and B. Pugalendhi wondered in its order while disposing of a petition that pointed out the Central Government was yet to enact a legislation in the field of torts and State liability despite the first Law Commission recommending it in 1956.
Noting that the Law Commissions had done excellent work by way of revolutionary recommendations, the court said it is appropriate for the government to make it a statutory or a constitutional body, like National Commission for Scheduled Caste and Scheduled Tribes and Backward Classes, so that its recommendations are binding upon the government. To do research work, sufficient funds have to be allocated for the functioning of the Law Commission, the judges said.
“In view of the above, this court directs the Government to consider the suggestions made by this court to provide either statutory status, after enacting Central Act or give constitutional status like the Commission for SC/ST, Backward Classes by amending the Constitution. The whole exercise done by the Law Commission with research and also consulting various stakeholders and making recommendations would become futile, if the recommendations are not acted upon,” the judges said in their order that was made available in public domain on Monday.
The called upon the Centre to allot more funds and provide infrastructural facilities to the Law Commission for research and appoint a Chairman and members to it within three months. In the event of the Centre, failing to do this, the Principal Secretary and the Secretary of the Implementation Cell of the Department of Legal Affairs attached to the Union Ministry of Law and Justice shall appear before it, the court said.
The judges also said that a Nodal Officer, who is well qualified in law, shall be appointed within six months in each department to note down the courts’ recommendations to bring to the knowledge of the policy makers of each department by way of periodical reports, so that a policy decision would be taken.
