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The Supreme Court has been moved in a PIL seeking a direction to the Centre to appoint a Chairperson and Members to the Law Commission of India within one month and make it a statutory body. The petition is filed by Advocate Ashwini Kumar Upadhyay has submitted that the cause of action accrued on 31.08.2018 and continues, when the tenure of the 21st Law Commission came to an end but the Centre neither extended the tenure of its Chairperson and Members nor notified the 22nd Law Commission. Further, though on 19.02.2020, the Centre approved the constitution of the 22nd Law Commission, it has not appointed the members to date.
The petitioner urges that being the custodian of the Constitution and the protector of the fundamental rights, the Court may use its constitutional power to make the necessary appointments.
The Law Commission of India not only identifies laws which are no longer needed or relevant can be immediately repealed but also examines the existing laws in the light of Directive Principles of State Policy and suggests the ways of reform and improvement. It also suggests such legislations as might be necessary to implement Directive Principles and to attain the objectives set out in Preamble of the Constitution.