×

or

Explain Action on Law Commission Reports: CIC Directs Government

Explain Action on Law Commission Reports: CIC Directs Government

The Central Information Commission directed the Ministries of Legal Affairs and Justice to inform the applicant Mr.ManiramSarma, senior advocate, and the people in general, the opinion or action of the Government on 244 Reports of the Law Commission of India. Disposing of the Second Appeal on June 20, 2014, Information Commissioner Professor Madabhushi Sridhar Acharyulu directed to upload the tracking of the movement of Government’s response on the Law Commission reports by the side of each Report along with Department’s action taken report thereon, on the websites of the Law Commission and concerned Ministry/department of Union Government within 45 days from the date of receipt of this order. The Commission also directed the Department of Legal Affairs to show cause why promised responses were not given earlier, for serious delay in furnishing complete and relevant information to the appellant and delay in implementation of earlier orders of CIC.

Professor Sridhar, Central Information Commissioner observed the Law Commission and people have a right to know the plan of action of Government on the recommendations of Law Commission. He said: Various Law Commissions under richly experienced Judges of Supreme Court as chairpersons, with pains-taking researchhave come out with significant recommendations on highly relevant topics pertinent to the people’s rights hoping immediate action of the Government to reform the concerned law. But it is unfortunate that the Governments of the day did not show enough regard and response to the Reports and respect to their authors. They either deferred their decision or confined Reports to cold-storage. The Government has enough power and authority even to reject the recommendations of the Law Commission with valid reasons after serious consideration. Because of this the reports of Law Commission became subject matters of seminars and symposia among academia only. In the process, the enormous efforts and hard-work of researchers were not appropriately utilized for reforming the law. As the decades rolled out, certain recommendations might have become obsolete or irrelevant. At least the Government should have expressed its opinion and informed back the Law Commission Chairman. This means the people in general and the Law Commission Chairmen (and Members) in particular were denied their right to know the Government’s opinions, discussions oractions on those Reports, Prof Sridhar said.

The Commissioner says that it understood the difficulty of respondent authorities due to the volume of the ‘response’ to be compiled and given on 244 Law Commission Reports, but, somewhere the action should be initiated to tell the people of this country as to what the Government plans to do about these well considered recommendations, without which the enormous public money spent on Law Commissions would be wasted. The Government should account for the money spent on these Reports with due consideration of reports and following up with legal reforms. It is not just the right of applicant alone in this case but the right of millions of people who are entitled to better laws and their better implementation, said the Commission.

MISSING REPORTS

Justice Department explained that theyresponded with relevant information on 213rd Report and answer to request relating to 13th Finance Commission grants was accessible on their website. The Department of Justice claimed that 2nd and 3rd reports were yet to be traced and report Nos. 189 and 236 could not be provided as the relevant records and the files are not traceable. They assured the Commission to seriously search to trace those files.

In another application the Commission directed the authority to provide a copy of the comments on the Law Commission’s reports Nos. 195, 214, 229 and 234 within 15 days. With reference to application of Mr.Maniram Sharma seeking use of Hindi in Government offices, issuing of letters/directions/orders/notifications and uploading of the Hindi version of Law Commission Reports along with English copies besides information about steps to establish e-library. The respondent gave a routine reply that RTI application was forwarded to the Departments of Official Language, Culture and Ministry of Home Affairs as they were not concerned with that subject. The Commission noticed that the Reports were already translated into Hindi whenever they were placed before the Parliament, but they were not uploaded to the websites of Law Commission, Law Ministry etc. Commission directed to upload the scanned reports in Hindi within 3 months. It also asked Public Authority to inform about steps initiated to invite tenders for National e-Law Library, within 2 months from the date of receipt of this order.

Relating to other RTI applications of Mr.ManiramSarma, the Commission observed that the Department of Justice was under an obligation to collect the information from the Department of Official Language and furnish the same to the appellant. The Commission also directed the CPIO to show cause in 3 weeks why maximum penalty cannot be imposed for inordinate delay in furnishing the information and for not following the procedure prescribed by RTI Act to transfer RTI requests when they were not concerned about it.

About Lex Witness

Lex Witness Bureau

The LW Bureau is a seasoned mix of legal correspondents, authors and analysts who bring together a very well researched set of articles for your mighty readership. These articles are not necessarily the views of the Bureau itself but prove to be thought provoking and lead to discussions amongst all of us. Have an interesting read through.