Mohinder Verma
JAMMU, June 23: The financial implications have been creating obstacles in the establishment of first ever Law Commission in Jammu and Kashmir and presently the file is shuttling between Finance and Law Departments in order to arrive at consensus on the arrangement of manpower for this body, whose major function would be to work for the legal reforms.
Official sources told EXCELSIOR that soon after the conclusion of Budget Session of the State Legislature during which the Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah made announcement regarding setting up of first ever Law Commission in Jammu and Kashmir, the Law Department started exercise to prepare a detailed proposal to give practical shape to the statement.
After hectic exercise, the framework of the Law Commission was prepared and the file forwarded to the Finance Department for concurrence. However, the Finance Department raised objections particularly with regard to the manpower to be deployed in the Commission on the ground that creation of fresh posts would put financial burden on the exchequer, sources said.
While recommending that manpower for the Law Commission should be on deputation from the Law Department, the Finance Department returned the file to the Law Department for necessary exercise to bring down the proposed manpower, they said.
“Though the Law Department has curtailed the manpower to certain extent yet it is finding it difficult to bring down the manpower to the level suggested by the Finance Department. Moreover, it is not possible for the Law Department to depute manpower to the Commission in view of the fact that it has already been facing shortage of officers and officials”, sources added.
“As the setting up of first ever Law Commission in Jammu and Kashmir is getting delayed due to financial implications, it is expected that both the Minister for Law and Minister for Finance would sit together to resolve the issue”, sources said.
Since the announcement about setting up of Law Commission was first made on the floor of the House by the Minister for Finance, Abdul Rahim Rather about two years back it was expected that he would not allow financial implications to create hurdle in having such a body in the State, which would help in ensuring legal reforms. “Once the issue is resolved the file would go to the Cabinet, which will take final call on establishing of the Law Commission”, sources added.
According to the proposal, retired Judge of the High Court or an officer, who had been Commissioner/Secretary of the Law Department, would be the Chairman of the Law Commission, which will have two official members and two non-permanent members.
The functions of the Law Commission would be broadly to review and repeal of obsolete laws. It will have the responsibility to identify laws, which are no longer needed or relevant and can be immediately repealed; identify laws, which otherwise require changes or amendments and to make suggestions for their amendment, consider in a wider perspective the suggestions for revision/amendment given by Expert Groups in various Ministries/Departments with a view to coordinate and harmonize them, consider references made to it by the Ministries/Departments in respect of legislation having bearing on the working of more than one Ministry/Department.
It will also have a role to play in recommending measures for making the statute book up to date by repealing obsolete laws and enactments as parts, which have outliven their utility, consider and convey to the Government its views on any subject relating to the law and judicial administration referred to it by the Government.
Home Todays story Financial implications creating obstacles in establishing first-ever Law Commission