Central Acts, Constitutions of India,
State to remain untouched
Mohinder Verma
JAMMU, Aug 1: For the first time in the history of Jammu and Kashmir, decks have been cleared for comprehensive review of pre and post independence laws in order to remove anomalies, ambiguities and inequities prevailing during the past over 65 years. However, the Central Acts applicable to State and the Constitutions of India and State will remain untouched during this exercise to be conducted by the Law Commission, the establishment of which received the nod of State Cabinet few days back.
Official sources told EXCELSIOR that Jammu and Kashmir is governed by three different sets of laws-those made by Parliament under various entries of the Union List and the Concurrent List of the Constitution of India; pre-independence laws promulgated by the erstwhile rulers and the laws enacted by the State Legislature from time to time.
The laws enacted by the Parliament are reviewed by the Law Commission of India only and so far Central Government has constituted 20 Law Commissions—each for a period of three years. However, the laws enacted by erstwhile rulers and State Legislature are not being examined by the Central Law Commission.
Though most of the laws such as Ranbir Penal Code, Criminal Procedure Code, Code of Criminal Procedure, Evidence Act, Transfer of Property Act etc have been modeled on the pre-independence dominion laws yet so far no comprehensive review has been undertaken during the last over 65 years by any independent body which otherwise is imperative to remove anomalies and ambiguities, sources while disclosing that State Legislature has enacted over 300 enactments in the post-independence era and many of pre and post-independence era laws have become obsolete or redundant in view of various socio-economic and socio-political developments in the State thereby necessitating their review.
“Now, decks have been cleared for comprehensive review of pre and post-independence laws including 300 enactments made by State legislature for the first time in the history of J&K as the State Cabinet few days back gave nod to the establishment of J&K Law Commission”, sources said while disclosing that Department of Law, Justice and Parliamentary Affairs is going to issue formal order in this regard within a day or two.
As per the terms of reference cleared by the Cabinet, the Law Commission will identify laws which are no longer needed or relevant and can be immediately repealed; identify laws which require changes or amendments and to make suggestions for such amendments; suggest suitable measures for quick redressal of citizens grievances in the field of law; examine the laws which affect the poor and carry out post-audit for socio-economic legislations and take all such measures as may be necessary to harness law and the legal process in the service of the power.
Moreover, the Law Commission will suggest measures for elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principles that decisions should be just and fair; suggest measures for simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not an end in itself but as a mean of achieving justice and to recommend measures for bringing the statute book up-to-date by repealing obsolete laws and enactments or parts thereof which have outlived their utility.
However, the Central Acts, which are applicable to the State under List-I and List-III of the 7th Schedule of the Constitution of India, the Constitution of India and Constitution of J&K will remain untouched, sources said while disclosing that Law Commission will keep under review the system of judicial administration to ensure that it is responsible to the reasonable demands of the times.
“The Law Commission will also examine the existing laws to promote gender equality and suggest amendments”, sources further said while disclosing that the tenure of the first ever Law Commission of J&K will be three years.
There will be one full time Chairperson, two full-time Members and two part-time Members and their term of office will be made co-terminus with the term of the Commission. A person who has been a judge of the High Court or has served as Secretary to Government, Department of Law, Justice and Parliamentary Affairs or an eminent Advocate with at least 10 years actual practice will be eligible for the post of Chairperson of the Law Commission.
Similarly, a person, who is or has been a District and Sessions Judge, an officer who has served as Special Secretary to Government having sufficient experience and knowledge of law, a person who is or has served as a Professor in the Department of Law in any University or a person who has served as a member of the State Legislature and has sufficient knowledge and experience in legal matters will be eligible for the posts of full time Members of the Commission.
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