Chennai: Consider making the Indian Law Commission as a legal entity or provide constitutional status so that the recommendations will bind the government, Madras High Court has told the center.
Suggesting the appropriate constitutional amendments in this case, the bench of the Justice Division and Kirubakan and Justice B Pugalendhi also directed the center to appoint the chairman and member of the Law Commission within three months.
The court passed the order on the request that was transferred by K Pushpavanam from Madurai who was looking for directions to the center to propose a comprehensive law in the field of ‘Torts and Obligations of State’ in accordance with the direction of the Supreme Court at MCD V victims of the tragedy.
Case and Vadodara Municipal Corporation case.
Let the request, the bench said: “What is the use of the constitutional court in passing the assessment, providing recommendations to impose laws, when they are not really followed up by the legislature? What is the point of having a legal commission without the recommendation that is followed up?” Despite the separation of the power between justice , executives and legislatures have not been specifically transmitted in the constitution, maintained without crossing their respective boundaries.
However, the way in which things move, it is very difficult to maintain boundaries or boundaries because the legislature fails consistently to pay attention to many suggestions of court, which has become the interests of the community to enact the law, the word judge said.
“It’s still worse in connection with the acceptance of the Recommendation of the Law Commission, which after getting input from various stakeholders and discussions about various problems, made to the government to enforce the law.
They are not accepted or followed up and stored in cold storage for decades together,” added ” court.
One of these recommendations was made by the first law commission in early 1956 recommended to the center to enact the law which included the field of state obligations in the Tort.
Showing a few examples like that, the court said: “If it is a position, this court argues that the restraints shown by the court beyond exceeding its jurisdiction to violate the legislature must be submitted.”