"This falls under legislative domain": SC remarks while refusing to direct UOI to make Law Commission a statutory body

The Supreme Court today refused to allow a plea filed by Advocate Ashwini Upadhyay seeking a direction to the Central Government to declare the Law Commission of India as a statutory body.

Holding that the prayer fell within legislative domain and a writ of mandamus could not be issued to the government under Article 32, a bench comprising CJI DY Chandrachud and Justice PS Narasimha disposed of Upadhyay's plea.

Notably, the plea also sought a direction to the Centre to appoint the Chairperson and Members of the 22nd Law Commission.

When the matter was taken up, AG Venkataramani informed the bench that by two separate notifications dated November 9th and 10th, the Commission has been formed. The Centre had constituted the 22nd Law Commission of India with Justice (retd) Rituraj Awasthi, former Chief Justice of Karnataka High Court, as its Chairperson.

Hearing this, CJI remarked, "So now nothing remains."

In his petition, filed under Article 32, Upadhyay had submitted that injury to public was extremely large as the Law Commission of India was headless since August 2018 and was thus unable to examine public issues.

"Even the directions of the Constitutional Courts to Law Commission have become dead letter", the plea stated.

On Upadhyay's submission that he had withdrawn his petition seeking action on the Vohra Report and seeking 100% confiscation of black money, Benami property and disproportionate assets and life imprisonment to looters with liberty to approach the Law Commission of India but was unable to do so as the Commission is not working, the Top Court opined that he could now pursue the Law Commission, as it has been formed.

Case Title: Ashwini Upadhyay vs. Union of India