The Attorney General of India, R Venkataramani was directed by the Supreme Court of India to respond to a PIL filled for purpose to fill up the vacant seats of the Law Commission of India.
The Bench comprising of Chief Justice of India U. U. Lalit and Justice S. Ravindra Bhat initially rejected that matter by stating that as there is an absence of any statutory provision related to the Law Commission and its vacancies, The bench also stated that the Attorney General of India, R Venkataramani, should set its decision and set a new hearing date for October 31, 2022.
It should be noted that the 21st Law Commission’s term concluded in August 2018. Since September 2018, there have been no new members elected and there have not been any operations.
The SC was informed about it via an affidavit that the Central government was considering forming the 22nd Law Commission. The petitioner, Ashwini Upadhyay, requested the Supreme Court to order the Central government to choose the chairperson and members of the Commission within a month.
CJI questioned the petitioner: “Is there a law that mandates that we create a commission? We can consider the problem of laws that have mandates but are not followed. It was like when human rights commissions were established. But in this case, you want us to issue a directive so that a law is passed… “Who do we drag up for contempt even if we use Article 142?”