No end to hurdles in review, repeal of obsolete laws
Mohinder Verma
JAMMU, Nov 27: In utter disrespect to the highest decision making body, the State Law Ministry is sleeping over the Cabinet decision regarding establishment of first ever Law Commission of Jammu and Kashmir during the past four months. In this way, the Ministry is showing non-seriousness towards the much-needed exercise of review and repeal of obsolete laws.
After several years long delay, the Departments of Law and Justice, Finance and Planning reached a consensus on establishment of first ever Law Commission in Jammu and Kashmir and finally the proposal was placed before the State Cabinet in the month of July this year.
The State Cabinet, which is the highest decision making body, vide its Decision No.107/9/2017 dated July 28, 2017 accorded sanction for establishment of Law Commission in the State for a period of three years. Even the nod was given to the creation of 28 posts including one post of Chairperson, two full time members, two part time members, one Secretary and one Administrative Officer.
Accordingly, the Department of Law, Justice and Parliamentary Affairs formally issued Order No.3378-LD(A) dated August 4, 2017 regarding establishment of Law Commission. Vide another Order No.3379-LD(A) dated August 4, 2017, the department came up with terms and conditions and terms of reference of the Law Commission.
Though four months have lapsed since the approval of the State Cabinet, the Law Ministry has failed to formally establish the Law Commission by appointing Chairperson and Members, official sources told EXCELSIOR, adding “this is notwithstanding the fact that a panel of probables for the posts of Chairperson and Members was prepared by the officers of the Department of Law and Justice and placed before the Law Minister Abdul Haq Khan for approval”.
“The file regarding appointment of Chairperson and Members of the Law Commission is still lying on the table of Minister for Law”, they said, adding “it is only after his approval that Department of Law and Justice will be able to prepare a memorandum for Cabinet, whose approval to the appointment of Chairperson and Members is imperative”.
“In this way, the Law Ministry is showing disrespect to the decision of the Cabinet”, sources remarked, adding “the delay in clearing the names for the posts of Chairperson and Members cannot be justified in any manner especially when Cabinet has already given go ahead for formally establishing Law Commission”.
They further said, “non-seriousness towards formally establishing Law Commission is creating hurdles in review and repeal of obsolete laws, which otherwise is long overdue”, adding “no comprehensive review of pre and post independence laws has been conducted in the State till date despite the fact many of these laws have become obsolete or redundant in view of various socio-economic and socio-political developments in the State thereby necessitating their review”.
Pointing towards the terms and conditions, sources said, “the eligibility criteria for the post of Chairperson as well as Members of Law Commission is so vast that there should not be any problem in making selection”, adding “all what is required is utmost seriousness”.
As per the Government Order No.1379-LD(A) dated August 4, 2017, 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 is an eminent Advocate with at least 10 years actual practice in the State High Court or any other High Court in India or the Supreme Court of India can be appointed as 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 been served as a Professor in Department of Law in any university recognized by law in the State and a person who has served as a member of the State Legislative and has sufficient knowledge and experience in legal matters can be appointed as full time members of the Law Commission.
It is pertinent to mention here 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 several 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.
Follow our WhatsApp channel