Three Years of Landmark Reforms; An account of Justice AP Shah’s Career as Chairman Law Commission of India [Sept 2012- August 2015]

As usual, leaving an indelible mark as Chairman of the 20th Law Commission of India, Justice Shah just finished his term completing the 3-years on this 31st August. Though he could not make it to the Supreme Court, thanks to the ‘collegiums’, he carries much aura and commands respect than many of the retired Supreme Court Judges of recent times. He is known for his unconventional progressive views; the ‘Naz Foundation’ judgment speaks louder about his approach and outlook as a Judge. His tenure as the Chief Justice of Delhi High Court is marked by many important judgments, which include the declaration of office of Chief Justice of India under the ambit of RTI Act.Agenda of Law Commission Under the Chairmanship of Justice A.P.Shah The agenda of the Twentieth Law Commission was to review/repeal of obsolete laws, to deal with law and poverty, to review the system of judicial administration, to examine and suggest ways of improvement of the existing laws in the light of Directive Principles of State Policy, to examine the existing laws with a view for promoting gender equality, to revise and to remove ambiguities of the Central Acts of general importance, to repeal obsolete laws and to convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice, to consider the requests for providing research to any foreign countries, and to examine the impact of globalization on unemployment, food security and recommend measures to protect the interests of the marginalized.ReportsThough there are many reports by the Law Commission during the Chairmanship of A.P Shah, some of the important ones are highlighted here.Based on the judgment in Public Interest Foundation & Others V. Union of India, the Commission worked specifically on ‘curbing criminalization of politics and needed law reforms’, ‘impact and consequences of candidates filing false affidavits and needed law reforms to check such practice and submitted its 244th report on Electoral Disqualification in 2014. This was widely discussed in its 255th Report. The 255th report of the Law Commission deals with Electoral Reforms in India and suggested comprehensive measures for changes in the law.The 245th Law Commission report dealt with the arrears and backlog of cases largely on poor judicial infrastructure. Law Commission suggested in creation of additional courts for speedy clearance of cases and deduction in costs. The 246th Report came up with large amendments to the Arbitration & Conciliation Act 1996. The reforms dealt with tacking issues of delay, costs, interim orders by tribunals, institutional arbitration, automatic stay of enforcement of arbitral awards etc.In its Report No.256 titled “Leprosy Affected Persons and the Laws applicable to them” undertook the task of identifying laws which can either be repealed or which need amendments in view of the existing climate of economic liberalization. The Commission recommended repeal of 288 obsolete laws. On a request from the Leprosy Mission Trust of India, the Commission conducted the study of repealing laws discriminatory towards people affected by leprosy.Report No.257 titled “Reforms in Guardianship and Custody Laws in India” emphasized the “welfare of the child” as the paramount consideration adjudicating custody and guardianship matters. The Commission discussed the Shared Parentage concept in India. The parentage system across the world was studied for the same, the views of the Commission was centered around strengthening the welfare principle in the Guardians and Wards Act, 1890, providing equal legal status to both parents with respect to guardianship and custody, providing detailed guidelines to help decision-makers assess and providing for the option of awarding joint custody to both parents.On the advice of the Prime Minister’s Office, the Prevention of Bribery of Foreign Public Officials and Officials of Public International Organizations was referred to Law Commission in July this year, to submit its recommendations. The proposed bill covered requirements of Article 6 of the United Nations Convention against Corruption. After extensive deliberation and discussion, Report No.258 titled “Prevention of Bribery of Foreign Public Officials and Officials of Public International Organizations – A Study and Proposed Amendments was laid by the Commission.Recognizing the importance and relevance of Early Childhood Development from the perspective of national and human resource development the Commission formed a Sub-Committee under the chairmanship of Prof. (Dr.) Mool Chand Sharma, Member, which, after several rounds of discussions and deliberations, came up with a draft Report on the issue finalized as Report No.259 titled “Early Childhood Development and Legal Entitlements”.To address the risks to international investment treaties in the absence of clear legal position, the Commission ...

Three Years of Landmark Reforms; An account of Justice AP Shah’s Career as Chairman Law Commission of India [Sept 2012- August 2015]

Ipsita Mishra

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