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The Constitution of 22nd Law Commission awaits for 49 months

By IndianMandarins- 11 Oct 2022
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New Delhi (11.10.2022): Hearing a PIL on Monday to make the Law Commission of India a statutory body and to fill up its vacancies, the Supreme Court of India sought response and assistance of Attorney General of India (AG) R Venkataramani.
The SC bench of Chief Justice of India U. U. Lalit and Justice S Ravindra Bhat initially indicated that it was inclined to dismiss the matter in the absence of any statutory provision governing the Law Commission or its vacancies. The petitioner and BJP leader Ashwini Upadhyay pointed out that the last chairperson of the body was in place 49 months ago. The Bench issued notice to the AG and listed the matter for further hearing on October 31, 2022.
It may be underlined that the tenure of 21st Law Commission ended August 2018. The Law Commission has not been functioning since September 2018. It may be underlined that the SC was informed through an affidavit that the formation of the 22nd Law Commission was under consideration by the Central government. The petitioner Ashwini Upadhyay prayed before the Apex Court to direct the Central government to appoint the Commission's chairperson and members within a month.
The CJI then asked the petitioner; "Is there a statute which commands us to have a commission ... We can look at the issue where statute mandates something and is not followed. Like the set up of human rights commissions. But here, you want us to command so that a statute is enacted ... Even if we exercise Article 142, whom do we haul up for contempt?" The Supreme Court then proceeded to issue notice to the AG and posted the case for further consideration on October 31.

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