Law Commission to get statutory status

 The government will confer statutory status on the Law Commission to give it more teeth and ensure that its reports no longer remain mere recommendations.

Law Minister Veerappa Moily gave this assurance to Justice A.R. Lakshmanan, Chairman of the commission when he visited its office here on Thursday. He briefed the Minister on its functioning and the reports the 18th Commission has submitted since May 2007. According to Justice Lakshmanan, he told the Minister that at present the commission had no further role to play after it submitted its report to the government, “nor does it have the necessary in-house infrastructure and wherewithal to monitor the implementation of its recommendations.”

“In order to put the agenda of judicial reforms on fast track, it is imperative that implementation of the recommendations of the Law Commission should be assigned top priority,” he said. When Mr. Moily promised that the commission would be given statutory status, Justice Lakshmanan expressed the hope that a Bill prepared in this regard “encompasses the larger role envisaged for the commission.”

Justice Lakshmanan impressed on Mr. Moily the need for setting up a constitutional court in New Delhi and opening four regional Benches of the Supreme Court in the north, south, east and west to dispose of appeals of all types from High Courts. The constitutional court should hear all constitutional matters, Presidential Reference and inter-State disputes.

In its 225th report submitted to Mr. Moily, the commission suggested Sections 7, 7 A and 7 B of the Industrial Disputes Act, 1947, be amended for making advocates with 10 years of practice at the Bar eligible for appointment as presiding officers of the Labour Courts/Tribunals constituted by the Centre.

The commission noted that at present there was no such provision to appoint advocates to preside over these tribunals. Quoting the Supreme Court judgment in Sampath Kumar’s case, the commission said: “Qualifications for appointments in many tribunals and quasi-judicial bodies make it clear that advocates with the requisite number of years of practice at the Bar, of course in the legal field concerned, are competent to head any tribunal.”