Mohinder Verma
JAMMU, Nov 30: Unbelievable it may sound but it is a fact that for creation of less than 50 posts, the establishment of first ever Law Commission of Jammu and Kashmir has been held up during the past several months and three departments headed by National Conference Ministers have failed to arrive at any consensus. The lack of coordination is notwithstanding the fact that such a body has a greater role to play in making new laws and review the obsolete ones as a part of legal reforms.
The announcement regarding establishment of first ever Law Commission of Jammu and Kashmir was made by the Minister for Law, Justice and Parliamentary Affairs, Mir Saifullah on the floor of State Legislature during last Budget Session and thereafter a detailed proposal was prepared and submitted to the Finance Department for concurrence.
For several months the file remained shuttling between the Finance and Law Departments on the issue of creation of manpower. While Finance Department was insisting that manpower requirement should be curtailed, the Law Department was of the opinion that the posts mentioned in the proposal were bare minimum.
“As no consensus could be arrived on the issue, the Finance Department finally asked the Law Department to first seek the approval of the Planning Department for creation of posts”, official sources told EXCELSIOR, adding “even from the Planning Department, the file received no positive response and presently it is gathering dust there with no serious thought on the subject”.
According to the sources, less than 50 posts are required to be created for establishment of first ever Law Commission of Jammu and Kashmir. “It is not understandable as to how the Government could be so non-serious towards such an important Commission especially when not much financial implication is involved”, they regretted.
“The most interesting aspect is these three departments, which have to decide the fate of Law Commission, are headed by National Conference Ministers”, they said. “If these Ministers sit together the issue can be resolved with one stroke of the pen and announcement made by one of them on the floor of the House and at other different forums even at Union Capital could become reality”, sources added.
In response to a question, they said, “the exercise to appoint Chairman and members of the Law Commission could be undertaken only when the posts for staff are created”.
According to the Law Department 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 one permanent member of the rank of Secretary or Special Secretary and two non-permanent members.
The Law Commission is necessary to review the existing laws; 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.
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