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Law Dept awakes, seeks cabinet nod for Law Commission
6/26/2015 11:27:38 PM
Akshay Azad

Early Times Report

JAMMU, June 26: After inordinate delay of nearly four years, finally the Jammu and Kashmir Law department has forwarded a proposal for framing Law Commission for state cabinet's nod. The Law commission will review and repeal obsolete laws, make amendments and also review the law books. Sources informed Early Times that according to proposal forwarded by Law department for cabinet nod the Law Commission would be headed by a Chairman along with six members, including three permanent and three other part time.
"The chairman will be either a retired High Court judge or an eminent lawyer, while the three permanent members will be legal experts, advocates or may be legislators besides the three part time members will be from experts of a particular field", a higher official of Law department pleading anonymity said.
He further informed that the file pertaining to constitution of Law commission was forwarded for cabinet nod, nearly a month back and the same would be tabled in next cabinet meeting.
Sources said that various quarters and expert groups of various departments had recommended for periodic revision of laws in force with the purpose of assessing their utility, relevance or irrelevance in the context of changing times.
The announcement for constitution of Law Commission was made by the then Minister of Finance Abdul Rahim Rather on the floor of the Legislative Assembly way back in 2011 and then by the then Law Minister in budget session but the proposal was not materialized due to some unknown reasons.
"The Law commission will identify laws that are no longer needed or relevant like as Law on prostitution. The Commission will also identify laws, which otherwise require changes or amendments", sources said.
The Commission would also, sources said, 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 department.
Sources further said that the proposal was tabled in the cabinet meeting, held under the chairmanship of Omar Abdullah, but same was put under carpet, after some Congress ministers had raised objection.
"Former state government headed by Omar Abdullah had also constituted a six members'committee headed by Attorney General in March 2013, which was constituted for up-gradation of existing laws and deletion of obsolete laws but same had failed to meet purpose. Though government has to reframe the committee but if Law commission is constituted, there will be no requirement for the same", sources said.
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