Government told to take initiative to get obsolete laws repealed
KOCHI: Law Commission of India (LCI) chairman A.R. Lakshmanan has recommended to the Kerala government to set up a State Law Commission.
In a talk on “Law Commission, Law Reforms and Role of Lawyers” here on Wednesday, Mr. Lakshmanan, a former Acting Chief Justice of Kerala High Court, said a lot of Kerala laws were obsolete. The State government should take the initiative to get these obsolete laws repealed. However, he said, “this is my suggestion, it is up to the State government to take a decision.” Mr. Lakshmanan said many States such as Maharashtra, Gujarat and Tamil Nadu had their own State Law Commissions.
He pointed out that though the LCI had been in existence for over a half century it was still not a statutory body. While the National Human Rights Commission was a statutory body, the LCI was only an administrative creation of the government and functioned under the Law Ministry.
Recently, a parliamentary standing committee had recommended statutory status as, in its view, the LCI had a role in effective functioning of judicial and legislative systems. The committee had also recommended that reports of the LCI be implemented in letter and spirit and that the Law Ministry should ensure timely implementation of the LCI’s recommendations.
Of the 202 reports submitted by the LCI so far, more than 50 were yet to be implemented. The tardy implementation of the recommendations and the gradual erosion of its autonomy were the two major reasons for the clamour of statutory status for the LCI.
Mr. Lakshmanan said delay in justice was a curse and that it eroded the efficiency and efficacy of the judicial system. There were over 6.5 lakh cases pending with the district courts in the country, apart from over 37,000 cases pending with the Supreme Court. Speedy trial was one of the facets of the fundamental right to life and liberty, he said. The talk was organised by the Kerala High Court Advocates’ Association and the Indian Law Institute’s Kerala branch. Chief Justice of Kerala H.L. Dattu presided over the meeting, where Mr. Lakshmanan was felicitated.
Mr. Lakshmanan released the book `Christian Law of Divorce’ written by Sebastian Champappilly by presenting a copy to Chief Justice H.L. Dattu.