SRINAGAR: The Government today accorded formal sanction to the establishment of Law Commission in the State for a period of three years.
The Commission consists of a full-time chairperson, two full-time members and two part time members while Secretary Law will be the ex-officio member of the Commission.
The headquarters of the Law Commission shall be the same as that of headquarters of the State Government.
The Chairperson of the State Law Commission who shall be appointed by the Government from amongst the persons who has been a Judge of the High Court or has served as Secretary to Government, Department of Law, Justice and Parliamentary Affairs or is an a eminent advocate with at least 10 years of actual practice in the State High Court or any other High Court in the country or Supreme Court of India. The Chairperson shall hold the office for a period co-terminus with the term of the commission or 75 years of age, whichever is earlier.
Similarly, there shall be two fulltime Members who shall be appointed by the Government from amongst the District & Sessions Judge, an officer who has served as a Special Secretary to Government having sufficient experience and knowledge of law, a person who is or has served as a professor in Department of Law in any University recognized by Law in the State, a person who has served as a Member of the State Legislature and has sufficient knowledge and experience in Legal Matters.
There shall be two part time members who shall be associated by the Chairperson from time to time for advising / assisting the Commission on specific subjects of research/ report from a person who is or has served as Professor in the Department of Law in any University recognized by Law in the State, or an advocate having expertise in the concerned subject matter.
The terms of reference of Law Commission shall Review / Repeal of Obsolete Laws, Law and Poverty, to keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times, to examine the existing laws in the light of Directive Principals of State Policy and to suggest ways of improvement and reform, to examine existing laws with a view to promoting gender equality and suggesting amendments thereto, to recommend to the government measures for making the statute book up to date, to consider and convey to the government its review on any subject relating to law and judicial administration that may be specifically referred to it by the government through Department of Law, Justice and Parliamentary Affairs.
The Term of First Law Commission of the State shall initially be for a period of three years and the term of office of Chairperson and two full-time members shall be made co-terminus with the term of the Commission. Besides, Secretary, Administrative Officer, Private Secretary, Reader, Research Assistant, Personal Assistant, Junior research Assistant, Data Entry Operator, Junior Assistant, Jamadar and Orderly would also be part of Commission.