To identify redundant and obsolete laws and to appraise their utility, if any, followed by repealing them as also to identify laws that clamour for changes and amendments in tune with the demanding situations , the State Government had in early 2017 set up a Law Commission in Jammu and Kashmir State. It was also mandated to suggest ways and measures for redressing public grievances in a hassles free manner, that being the expected ultimate aim of the Government. Nearly four months back, Justice (Retd.) M. K. Hanjura was appointed as its founding Chairperson . Even its two full time members and two part time members too were decided to be appointed for streamlining the system and making the entire exercise meaningful as mandated vis-à-vis the State Law Commission. The State of Jammu and Kashmir is among those few States of the country having the institution of judiciary with an enviable chequered past and continuing to pursuing the high standards in discharging its duties in dispensation of justice and upholding the dignity of law of the land. Under those expectations, much hopes are pinned in the functioning of the Law commission.
While the Chairperson was duly appointed though belatedly early this year , at the same time, other requisite infrastructure, as on date, remains to be provided in the shape of appointing the other four persons on the Commission, two full time and two part time . This basic requirement is mandatory as any recommendation or suggestion from the Chairperson in respect of any law or a rule on statute cannot be considered unless the due acquiesce and the approval of the other members was there. It , however, needs to be seen that four months since the appointment of the Chairperson, nothing concrete seems to have been done and the period has gone astray and waste. Who could be held responsible for this half-baked exercise excepting the State Government ?
The eligibility criteria for appointment of full time members on the Commission being of the required standard in respect of complete dexterity and knowledge of the law either in the capacity of having been a Judicial Officer , a Secretary in Law Department or with a teaching experience of Law in some institution , as far as the available talent in the State is concerned, there should have been no problem for the Government in this regard but while the decision about the appointment of the Chairperson has been taken four months back , that about two full time and two part time members continue to be kept lingering on thus defeating the spirit and the zeal shown in providing the Chairperson to the Commission. Why should decisions of the Government in this vital matter percolate on the ground in small periodic instalments and where was such a situation gong to lead ?
The aim of the judicial system in the State should be to cut on delays and protraction in deciding cases in the courts which mainly occur due to heavy workload in the existing courts with the available limited infrastructure plus there being too many laws and rules which have attained the status of redundancy , being worn out , out-dated, and needed to be repealed and the statute Book kept adorned with those very laws and rules which were quite relevant to the changed times and needs. Besides this, let there be innovative, unorthodox and ingenious reforms and changes in the dispensation of justice to the needy depending upon such recommendations and suggestions from the Law Commission . Quick redressal of grievances of the public involved in litigations etc , devising ways and measures to cut down on avoidable delays and deferments should be the hallmark of dispensation of justice. We feel this major but most sensitive role is destined to be played by the State Law Commission but when shall it start functioning, we shall be monitoring the developments keenly.
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