Ministry asks Law commission to invite suggestions from public to decide on legal issues

NEW DELHI: The law ministry has suggested its advisory body, the Law Commission, to invite suggestions from the public to decide on what reforms are needed in the country’s legal system.

At present the Law Commission, whose chief function is to work for legal reform, reviews and researches on issues which are either forwarded by the government or are taken up by on its own by the commission. The law ministry wants the public to have a say in the process. The idea - of giving primacy to people’s voice - was discussed verbally between top officials of the law ministry and the Law Commission during a recent meeting.

As per available information, this took place after the ministry looked at the mechanism followed by the UK Law Commission. The UK Law Commission holds consultations with the public and concerned stakeholders before finalising on laws which require reform. It was noticed that 67% of the recommendations made by the Law Commission’s law reform stand were enacted by the British government. Impressed by the mechanism, the law ministry suggested that the Indian Law Commission consider adopting the British model.

During the discussions between officials at the law ministry and the Law Commission, it was also felt that the British model will usher in more transparency and significance in contemporary legal reform, as the demand for change will come directly from the people if their opinions are sought.

“It is observed that because of political pressure, political parties refrain from pursuing certain significant legal issues in Parliament and referring it to the Law Commission. If a survey is conducted and people’s opinions are sought, clarity will emerge on the issues which people of the country feel are more important and need redressal,” a senior law ministry official privy to the discussions told ET, requesting anonymity.

The Law Commission of India is an executive body. Its major function is to work for legal reform and its members are primarily legal experts. The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.

ET View: Go Beyond the RTI

Here, India should follow Britain. Before deciding which projects to take forward, the UK’s Law Commission takes views not only from judges, lawyers, government departments, voluntary and business sectors, but also the general public. Like in India, Britain also takes on projects recommended by government departments. But there is also a thorough public consultation before taking a decision, and at all stages of work, the impact of reform is assessed. India needs to empower its citizens beyond the RTI Act. The government should also act on the law commission’s report in a time-bound way.