Editorial
Work plan of the Law Commission
Indifference towards the body does not bode well
THE Law Commission, for all the inactivity it has been forced into since it came into being thirteen years ago, remains undaunted. It has just formulated a work plan for itself for the next two years. That is indeed a bold move, but for such a move to be translated into reality on the ground it will need a good deal of spirit and energy. Experience shows only too clearly that it has in the past made as many as 88 recommendations on the law and its various aspects to the government. Now, obviously, such a number is remarkable. The unfortunate bit in the story is that no more than four or five of these recommendations have been accepted by successive governments. Which brings up the matter of whether governments, political in nature as they are, have ever been ready and willing to take the Law Commission seriously? One feels here a whiff of the partisan. Every time a new government has taken over, it has found the reasons to keep the commission at bay.
The attitude has thus been one of studied indifference to the Law Commission. And such indifference can only lead to either an emasculation or redundancy of the body. Of course, no one would want to see either of these possibilities turn into practical reality. It is especially in a country like ours where, for all the wrongs and misinterpretations and misapplication of the law happening on a fairly regular basis, much faith is generally placed in the law. That faith not only comes through a wish to see rule of law prevail. It is also manifested in citizens' desire to see many of the laws in operation updated from time to time in accordance with social and national needs. Clearly, such thoughts were uppermost with Justice M.A. Rashid and others in the commission when they decided that a new work plan for the next two years was in order. The 21-point plan, as one can surmise, covers an entire gamut of subjects that might call for reassessment or review. In a modern state, one that also remains busy giving shape to its often interrupted democratic structure, such reviews of existing laws can only reinforce the social and state structure, the aim being a progressive promotion of the public weal.
All said and done, the most important point that has to be borne in mind, particularly by the government, is that the Law Commission should be so empowered as to enable it to function as a credible and productive body. One could suggest here that just as some other bodies, notably the Anti-Corruption Commission, the Public Service Commission and the Election Commission, have been recast to give them a sure sense of independence, the Law Commission needs to be transformed into an organization neither individuals nor the administration can ignore.
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