The Law Commission is set to get a new chairperson this week, a post lying vacant since last September.
Law Minister D V Sadananda Gowda today said by the end of the week, the notification for the next chairman would be issued.
One of the key issues pending before the law panel is a call on amending the Indian Penal Code amid allegations of abuse and arbitrary use of the law.
The Law Ministry had urged the Commission to study the usage of the provisions of Section 124A (Sedition) of the IPC.
Last year, the Law Ministry had forwarded a list of 48 former judges of high courts and Supreme Court to the Prime Minister’s Office to select the next Law Commission Chairperson.
The term of the 20th Law Commission ended on August 30 last year and the Union Cabinet approved creation of the 21st Law Commission on September 9. The Law Ministry brought out a notification to create the 21st law panel on September 14, but so far the chairman and its members have not been appointed.
As per the notification, besides the chairman, it will have four full-time members, including member secretary, two ex-officio members — the Law Secretary and Legislative Secretary– and not more than five part-time members.
Besides the chairman and members, the government will also have to appoint member secretary. Member Secretary G Narayan Raju was recently appointed as the Legislative Secretary.
The Commission is reconstituted every three years and is usually headed by a retired Supreme Court judge or former Chief Justice of a high court.
A serving high court or Supreme Court judge can also head it. There is a provision to appoint chairman from ‘other categories’ which means a jurist or a retired bureaucrat. Usually, a former chairman is not appointed, but exceptions can be there.
Once the appointments are made, the panel will have to look at the issue of revamp of the criminal justice system and recommend a bail law to ensure uniformity in the procedure of granting the relief. The two issues are pending with it for a long time.
( Source – PTI )