A State is run by laws enacted by the Legislative Assembly after due deliberations and these essentially stem from the needs arising from time to time to provide good governance to the people. Social and political dynamics of a society running on democratic liens calls for periodic revision of the laws in force with the purpose of assessing their utility, relevance or irrelevance in the context of current situation. This is to make the law pulsating and vibrant. Making amendments to constitution and statues is a regular process though of course amendments are carried out only through a recognized legal procedure.
State Government has felt that there is need of revisiting the corpus of laws promulgated in the State from time to time. Some of the laws have become redundant; others need amendment or updating according to the ground situation. Legal Groups formed at various departments of the Government have given their opinion that there is need of reformation of existing laws in the State and this could be done only by constituting a Law Commission. Announcement to this effect was made by the Minister of Finance on the floor of the Legislative Assembly way back in 2011 and then by Law Minister in the last Budget Session. The main task for the Law Commission would be broadly to review and repeal obsolete laws. It will identify laws, that are no longer needed or relevant and can be immediately repealed; identify laws, which otherwise require changes or amendments and to make suggestions for their amendment, consider in a wider perspective the suggestions for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 Department.
These terms of reference underscore the important aspect of legal sanctity to administrative measures of the State. As such, there can be no two opinions on the question of feasibility of finalizing the constitution of Law Commission. But despite lapse of two years, the matter is still in embryonic stage and files are being shuttled between the Law and the Finance Department. The entire matter has got tuck up on the question of manpower needed for the proper functioning of the Law Commission.
We understand that the point of discord between the Departments of Law and Finance is that the latter wants law experts and functionaries of the Department of Law to be sent to Law Commission on deputation and not create new posts as the State is not in good financial position to incur fresh expenditures. On the other hand Law Department’s contention is that it is already short of manpower and its normal work is rather hampered by insufficient manpower. Therefore it declines to send any of its functionaries on deputation. Argument and counter argument is not the way of resolving a deadlock. The right way is to find a viable solution. It should be possible for them to examine if some hands from the Department of Law can be spared without serious set back to the routine functioning of the Department. Perhaps joint meeting of the two concerned ministers and their senior functionaries could prove a helpful means of putting an end to the deadlock. What is needed to be borne in mind is that early formation of the Law Commission will immensely help in streamlining the existing corpus of laws in the State and bring about much needed yet much delayed reforms in the body of State laws.
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