No intention of making it a statutory body
The Government has informed the Supreme Court that appointment of Chairperson and Members of the 22nd Law Commission of India, the Government’s top body to recommend crucial legislative reforms, is under consideration.
The setting up of the 22nd Law Commission was constituted by the Government on February 21, 2020. However, no progress has been made in the appointments till date. The short affidavit filed by the Law Ministry in the court does not explain the reasons for the day, but merely states that “the Government is presently seized of the matter regarding the appointment of Chairperson and Members of the Law Commission”.
“It is submitted that the 22nd Law Commission was constituted on February 21, 2020, and the appointment of Chairperson and Member is under consideration with authorities concerned,” the two-page affidavit said.
The Government invoked the ‘doctrine of separation of power’, which says that one arm of governance should not encroach into that of another. It said the petitioner, advocate Ashwini Kumar Upadhyay, who raised the question of delay in appointments to the 22nd Law Commission did not come to court with “clean hands”.
The Government also responded in the negative to Mr. Upadhyay’s plea that the Law Commission should be brought under a statute with definite terms on appointments, its functions and powers spelt out.
The Centre made it clear that there was no such proposal to make the Law Commission a statutory body.
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