No exercise initiated to repeal obsolete laws since 2010
Mohinder Verma
JAMMU, Sept 4: Jammu and Kashmir always remain forth on mooting proposals of establishing important institutions but thereafter never takes interest in giving practical shape to the same. This can be gauged from the fate of the proposal regarding establishment of first-ever Law Commission of Jammu and Kashmir on the pattern of Law Commission of India.
The proposal vis-à-vis Law Commission of Jammu and Kashmir was mooted a number of times and last time announcement in this regard was made by Law Minister of the previous National Conference-Congress Coalition Government, Mir Saifullah in the 4th meeting of the Advisory Council of the National Mission for Justice Delivery and Legal Reforms at Union Capital on June 24, 2013.
At that time, it was stated that Law Commission of J&K would help the Government in making new laws and review or repeal of the obsolete laws. Thereafter, a detailed exercise was initiated in the Law Department of J&K and finally the proposal was submitted to the Finance Department for concurrence as several posts were required to be created for this Commission.
For creation of less than 50 posts for the Commission, the file continued to shuttle between Finance, Law and Planning Departments for quite long time as a result of which no headway could be made for placing the matter before the State Cabinet for approval.
After lapse of considerable time, the proposal finally reached the Cabinet on June 4, 2014 but the same fell victim to the controversy over Article 370 and the proposal was deferred on the unfounded apprehension that it (Commission) would have the powers to consider Article 370, which grants special status to Jammu and Kashmir.
Though some Cabinet Ministers tried to clear this apprehension by stating that Article 370 would not come in the domain of J&K Law Commission because of it being enacted by the Parliament, the proposal was deferred on the ground that Assembly elections were round the corner and a new controversy would get started if the Commission is established.
“After remaining in cold storage for several months, the establishment of first ever Law Commission received the attention of Law Department soon after the present PDP-BJP Government took over and accordingly, a fresh memorandum was submitted to the General Administration Department after making necessary corrections in order to clear the unfounded apprehensions vis-à-vis Article 370”, sources said.
They disclosed that Law Department has explicitly mentioned in the fresh memorandum that Law Commission of J&K would have only the powers to review the laws enacted by the State Legislature and would have no jurisdiction on the laws enacted by the Parliament as those laws are being looked after by the Law Commission of India. “All those laws, which have been extended by way of approval by the Parliament like Article 370 would not come under review by Law Commission of J&K at all”, sources said quoting the memorandum.
However, despite lapse of several months, the General Administration Department has neither placed the memorandum before the State Cabinet, nor returned the same to the Law Department by pointing out any lacuna or suggestion, sources said, adding “this clearly establishes that Jammu and Kashmir always remain forth on mooting proposals of establishing important institutions but never takes interest in giving practical shape to the same”.
Highlighting the importance of establishing Law Commission of J&K on the analogy of Law Commission of India, sources said, “the Law Commission would not only help in formulation of new laws and suggest necessary amendments in the existing ones, it would also recommend repeal of obsolete laws, whose number is very large in Jammu and Kashmir”, adding “several laws have outlived their utility but still they exist in the books”.
They disclosed that review and repeal of the obsolete laws was last conducted in the year 2010 and thereafter no such exercise could be conducted in anticipation of formulation of Law Commission of J&K, whose fate is otherwise still hanging in balance. “What to talk of laws even huge number of statues, which exist in the books, have lost their relevance at present”, sources added.
Follow our WhatsApp channel