At long last the State Cabinet has given its nod to the constitution of Law Commission, a proposal that had been hanging fire for quite some time.The structure and tenure of the Law Commission are defined in the approval given by the Cabinet. However, the most important and historically significant agenda before the Commission is to review the entire gamut of laws passed during pre and post independence period that are in vogue at present. It will be recalled that one of the recurring complaint of Kashmir political leadership is that some laws passed by the Parliament have been illegally thrust on the State in violation of Article 370 and the Special Status enjoyed by the State. During his second stint, Sheikh Abdullah had constituted a committee headed by the then Law Minister Devi Das Thakur to examine and report whether Parliamentary Laws were thrust on the State or not. After a thorough study, the Committee came to the conclusion that out of about 196 laws applied to the State only one law and that too about a negligible subject of taxation were applied to the State with the consent of the State Legislature. Sheikh Abdullah; put that report in cold store.
Now, the Law Commission has been given the assignment of reviewing all the law that are in vogue in pre and post independence period. It has to be noted that the State has at least three sets of laws in vogue. The pre- independence laws or the Ranbir Penal Code, then the relevant legislation by the Indian Constitution and lastly the laws enacted under State Constitution. Evidently in the light of this plethora of laws, that have been carried as the baggage by the State judiciary, many of the laws have become outdated and obsolete. Then there are also laws that make administering of justice very complicated and procrastinated. The poorer sections of people had to face many hassles in finding justice at the court of law.
One important outcome of the review to be conducted by the Law Commission will be that of silencing the unfounded allegations that Parliamentary Laws have been imposed on the State without the consent of the Legislative Assembly. It will set at rest for all times to come the irritant that has bedeviled the relations between the State and the Centre. The Law Commission is also supposed to suggest what rules and laws are obsolete and should be dropped and what improvements can be made in the existing legal system.The comprehensive review of pre and post independence laws in order to remove anomalies, ambiguities and inequities prevailing during the past over 65 years.State Legislature has enacted over 300 enactments in the post-independence era and many of pre and post-independence era laws have become obsolete or redundant in view of various socio-economic and socio-political developments in the State thereby necessitating their review,
The review to be made by the Law Commission will also show to what extent Article 370 has been detrimental to the economic development of the State. The significant facet of the review is that the Constitution of India and the State Constitution will not be touched upon in the least while the Law Commission makes the review. This makes it clear that only the existing laws have to be examined and commented upon. We think this is a very right step which the Government has taken because it has far reaching impact on the relations between the State and the Centre. Instead of New Delhi trying to prove that no law was thrust on J&K it is the State Government which has taken up the task of ensuring that no central law has been imposed on the State without the consent of the Legislative Assembly.
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