Mohinder Verma
JAMMU, May 28: Nearly one and half year after the announcement of Minister for Law, Justice and Parliamentary Affairs, the decks have finally been cleared for the establishment of first ever Law Commission of Jammu and Kashmir as the Finance and Planning Departments have given much awaited concurrence to the creation of posts for the Commission.
The announcement regarding establishment of Law Commission was made by the Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah on the floor of State Legislature during the Budget Session last year. After hectic exercise, the framework of the Law Commission was prepared and the file forwarded to the Finance Department for concurrence to the creation of posts, official sources told EXCELSIOR.
However, the Finance Department raised objections particularly with regard to the man-power to be deployed in the Commission on the ground that creation of fresh posts would put financial burden on the exchequer.
While recommending that man-power for the Law Commission should be on deputation from the Law Department, the Finance Department returned the file to the Law Department for necessary exercise to bring down the proposed manpower, sources said, adding though the Law Department curtailed the manpower to certain extent yet it made it clear to the Finance Department that sending officers/officials to the Commission on deputation was not possible in view of shortage of manpower in the Law Department.
After shuttling between Finance and Law Departments, the file then landed in the Planning Department on the recommendation of Finance Department for its concurrence to the creation of posts for the Law Commission. But much to the surprise of the Law Department, Planning Department too kept the issue pending on one pretext or the other for months together, they said.
“Now, nearly one and half year after the announcement of Law Minister, the decks have finally been cleared for the establishment of the Law Commission as both the Finance and Planning Departments have given concurrence to the creation of the posts”, sources said.
“At present the Department of Law, Justice and Parliamentary Affairs is busy in preparing memorandum for the Cabinet as the final nod about the establishment of Commission is to be given by this forum”, they further said, adding “the Law Department is trying to place the memorandum before the Cabinet in its next meeting as much time has already been wasted in obtaining approvals from the Finance and Planning Departments”.
According to the proposal, retired Judge of the High Court or an officer, who had been Commissioner/Secretary of the Law Department, would be the Chairman of the Law Commission, which will have two full-time and two part time members.
The functions of the Law Commission would be broadly to review and repeal obsolete laws. It will have the responsibility to identify laws, which are no longer needed or relevant and can be immediately repealed; identify laws, which otherwise require changes or amendments and to make suggestions for their amendment; consider in a wider perspective the suggestions for revision/amendment given by Expert Groups in various Ministries/ Departments with a view to coordinate and harmonize them, consider references made to it by the Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/ Department.
The Law Commission will also have a role to play in recommending measures for making the statute book up to date by repealing obsolete laws and enactments as parts, which have outlived their utility, consider and convey to the Government its views on any subject relating to the law and judicial administration referred to it by the Government.
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