Government planning to make Law Commission a Permanent Body to improve its functioning

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New Delhi: With the aim and object to bring continuity in the functioning of the Law Commission, now the Government is planning to make that Commission as a Permanent body. The Law Commission is, presently, constituted by the Union Cabinet by every three years gap, where newly appointed Chairman and Members running the panel and the said Commission is responsible for advising the Government on the complex issue relating to laws.

The Law Secretary, P. K. Malhotra, while stating before the Parliamentary Standing Committee on Law and Personnel, pointed that presently functioning Law Commission is playing since from the year 1959 with its reconstitution by every 3 years. And as such it was suggested that the said Commission to be made a Permanent Body, either by an order of Executive or by the Law of Union Parliament.

It can be seen that if such Commission is made into a Permanent Body by any of the aforesaid procedure (i.e. either by an Order of Executive or by the Law of Union Parliament Act of Parliament), then such Commission will be seen converted into either a Statutory Body or the same will be on the lines of the earlier Planning Commission or its new avatar Niti Aayog.

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The idea for given the Law Commission a statutory status was also put forwarded by the UPA Government in the year 2010 by preparing a Draft Cabinet Note and also for bringing a Bill on this issue i.e. ‘the Law Commission of India Bill, 2010, the Law Ministry had also mooted, however, in spite of making law, the concerned idea was perhaps shelved.

It is stated from the side of Law Ministry, while supporting the concerned plan that the same will help the Law Commission’s Panel for bringing out more responses in its functioning without affecting its quality, considering the limited time of only 3 years. The Standing Committee has shown its concerns in its Report which was submitted last week to the Parliament, as to the slow pace where the Government is taking decisions on the Law Commission’s reports. As such it was recommended by it that the said reports containing recommendations of the Commission are to be decided upon preferably within the period of 1 year from the date of its submission.

The current Law Commission is being 20th in serial number and was constituted for the 3 years period on 1st September, 2012 to continue to play till 31st December, 2015.

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by Faim Khalilkhan Pathan.