Mohinder Verma
JAMMU, Sept 18: In one more glaring example of dilly-dallying approach towards the issue of immense importance, the Government has failed to establish the first ever Law Commission of J&K even after approval from the State Cabinet-the highest decision-making body. This is because Law Department has not forwarded the panel of persons eligible for the posts of Chairperson and Members of this vital institution to the Chief Minister during the past nearly two months.
After several years long efforts by the Law Department, the State Cabinet in its meeting held under the chairpersonship of Chief Minister Mehbooba Mufti on July 28, 2017 accorded approval for establishment of maiden Law Commission in Jammu and Kashmir for a period of three years.
The Cabinet also approved creation of 28 posts for the Law Commission so as to facilitate this vital institution to immediately start functioning without any problem and discharge its duties identified by the Law Department after examining the functions and duties of the National Law Commission.
However, despite lapse of nearly two months the Law Department has not forwarded panel of eligible persons for the posts of Chairperson and Members (two full-time and two part-time) of the Law Commission to the Chief Minister Mehbooba Mufti for selection, official sources told EXCELSIOR, adding “the file pertaining to establishment of Law Commission is lying in the office of Minister for Law ever since the decision of the State Cabinet for his approval for drafting of panel(s)”.
It is pertinent to mention here that 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 is 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.
“It is not difficult for Law Department to draft panel(s) for the posts of Chairperson and Members of the Law Commission as details of persons who meet the eligibility criteria are readily available with it”, sources said while disclosing that the concerned officers of the Law Department are only waiting go ahead from the Law Minister.
They further informed that only Chairperson and Members have to be selected and posts created for the Law Commission can be easily filled by deputing officers from the Law Department. “Even Government can easily provide office to the Law Commission as sufficient infrastructure is available in both Jammu and Srinagar”, sources added.
Pointing towards the several years long efforts made by the Law Department for establishment of first ever Law Commission of J&K, sources said, “the selection of Chairperson and Members should have been made immediately after the Cabinet approval for taking the long fought battle to the logical conclusion”, adding “there is no justification for delay in submission of panel to the Chief Minister especially when there is no hurdle in setting up of Law Commission”.
“It is irony that the Minister, who was part and parcel of the Cabinet decision, is not taking follow-up action in a time bound manner”, sources remarked.
It is pertinent to mention here that Law Commission is of immense importance for comprehensive review of pre and post independence laws in order to remove anomalies, ambiguities and inequities prevailing during the past over 65 years.
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.
The 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.
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