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Synopsis

The Supreme Court on Wednesday agreed to consider an urgent listing of plea seeking direction to appoint the Chairperson and Members of the Law Commission of India within one month and make it a statutory body.

A bench of the Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli agreed to consider listing the matter urgently after the same was mentioned by Advocate Ashwini Upadhyay.

The petition filed by Upadhyay has submitted, "Injury to public is extremely large as the Law Commission of India is headless since august 2018 hence unable to examine public issues. Even the directions of the Constitutional Courts to Law Commission have become dead letter."

It argued that the tenure of the twenty-first Law Commission ended in 2018 but the Centre neither extended the tenure of its Chairperson and Members nor notified Twenty Second Law Commission.

"Law Commission of India is not working since October 1, 2018, hence Centre doesn't have the benefit of recommendations from this specialized body on the different aspects of law, which are entrusted to the Commission for its study and recommendations," the plea added.

Ashwini informed the bench that the Commission undertakes studies and research for bringing reforms in justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in the cost of litigation, etc. 

"The Law Commission of India not only identify laws which are no longer needed or relevant and can be immediately repealed but also examine the existing laws in the light of Directive Principles of State Policy and suggest the ways of improvement and reform," Ashwini added.

Case Title: Ashwini Kumar Upadhyay Vs. Union of India & Ors.