Law Commission Vacancies
Govt has no plan to make appointments
The government has no plan to fill up two posts, including that of the chairman, of the three-member Law Commission which are lying vacant for over 22 months.
Since the acting chairman and his assistant officials are enough to carry out the tasks, “the government has no plan to appoint a full-fledged chairman and a member for the Law Commission,” Law Minister Shafique Ahmed told The Daily Star.
There are enough officials to run the Law Commission smoothly. The Law Commission has no problems, he said.
This demonstrates how the government does not pay due importance to the commission which was established in 1996 to recommend amendments and updates and modernise laws and the judicial system of the country.
As per section 5 of the Law Commission Act, 1996, the commission consists of a chairman and two members. Under the law, the government has the power to increase the number of its members if it deemed necessary.
The chairman and members of the commission hold their respective offices for a term of three years from the date of their appointments.
According to the law, the government may reappoint the chairman or a member on expiry of their term.
The commission, which is now loaded with many important tasks, can not run in full swing due to the shortage of the full-fledged chairman and a member.
Aside from the two key positions, seven out of twelve official positions, including that of the principal research officer, are lying vacant, worsening the situation, said the commission sources.
The top post fell vacant after the last chairman, Justice MA Rashid, a retired High Court judge, resigned on October 7, 2010 due to “interference and domination” by a few law ministry officials, said sources close to the justice.
Justice MA Rashid refused to comment on the matter.
Sunil Chandra Paul resigned from the post of member on January 9, 2011 due to his illness. He passed away on June 16 this year.
Prof Shah Alam, who was appointed member on June 24, 2009, was appointed chairman-in-charge on October 24, 2010. He has been carrying out the commission's functions since then.
His tenure expired last June and the government extended his appointment as member for the next two years on June 24, sources said.
Prof Shah Alam said he does not feel the shortage of manpower in running the Law Commission. Rather he feels a lack of office space of the Law Commission.
The Law Commission is currently housed in the building of Judicial Administration Training Institute (JATI).
The office of the Law Commission was earlier situated in the Old High Court Building. When the International Crimes Tribunal-2 was set up there, the office was shifted to the JATI building in March this year.
The commission has only three office rooms which are not big enough to hold seminars, said Prof Shah Alam.
A request will be sent to the government to provide the commission with a sophisticated office space soon, he added.
A former chairman of the commission, requesting anonymity, expressed astonishment at the government's stand on the commission.
It is very difficult for the commission to run without the chairman and a member. How can the parliament run by making the Law Commission inactive, he questioned.
Law commissions in different countries across the world, including Britain and India, are highly dignified and powerful since they have huge manpower and financial and logistic support, he said.
In England, the judges in the House of Lords discharge functions of the Law Commission to update and modify existing laws and to prepare drafts of new laws, he added.
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