IMPORTANT POINT
No Constitutional Court can issue a writ of mandamus to a legislature to enact a law on a particular subject in a particular manner – Whether Law Commission should be given a status under Constitution or under a Statute is a major policy decision to be taken by Central Government.

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 17th August 2021 passed by the High Court of Madras at Madurai Bench in a writ petition filed by the first respondent. A petition was filed by the first respondent seeking a writ of mandamus in the following terms:

“…….Therefore I most respectfully pray that this Hon'ble Court may be pleased to direct the Respondent No.1 to appoint the Chairman and other members of the 22nd Law Commission constituted through the notification in number F. No.A45012/1/2018Admn. Ill (LA) dated 21.02.2020 in accordance with law within the time stipulated by this Hon'ble Court. Therefore I most respectfully pray that this Hon'ble Court may be pleased to issue writ of mandamus or any other Writ or direction or order in nature of writ, directing the respondents, to propose a comprehensive legislation in the field of 'Torts and State Liability' as per the directions of Hon'ble Supreme Court of India in "MCD V. Uphaar Tragedy Victims Assn (2011) 14 SCC 481” and “Vadadora Municipal Corporation V. Purshotam v Murjani and Others (2014) 16 SCC 14” in accordance with law within the lime stipulated by this Hon'ble Court………..”

3. Before the writ petition filed by the first respondent was taken up for final hearing, following queries were made by the High Court to the respondents in the writ petition (appellants herein). The said queries read thus :

“(a) In how many judgments, the Constitutional Courts have recommended for enactment of new laws or amendments of the existing Acts, so far?

(b) How many orders have been acted upon and suitable Acts/Rules and amendments to the existing Acts, have been done so far and what are all the new Acts/Rules and the amendments made so far?

(c) How many judgments are being acted upon and suitable Acts/Amendments are in the process of enactment?

(d) When will the Parliament will bring a comprehensive suitable legislation in the field of 'Torts and State Liability' for violation of fundamental rights of the citizens at the hands of the State and its officials?

(e) Whether the Central and State Governments are having appropriate Wings to note down the judgments/orders of the Constitutional Courts, wherein suggestions for enacting new Acts or amendments have been enacted/proposed or recommended?

(f) If there is no such Wing, when such Wing will be established to bring those suggestions to the higherups or policy makers to act upon suggestions given by Courts?

(g) When does the Central Government appoint Chairman and Members of 22nd Law Commission of India?”

4. After hearing the parties, by the impugned judgment, the Court issued the following directions:

(1) This Court directs the Government to consider introducing a bill, similar to which has been introduced in the year 1965 viz., "Liability in Tort" bill introduced in 1965 and reintroduced 1967 and got lapsed due to dissolution of Parliament during 1970, taking into account the present scenario, within a period of six months.

(2) There shall be a direction to the Central Government to take a decision with regard to the suggestion for making Law Commission either as a statutory body or constitutional body within a period of six months.

(3) The Central Government shall allot more funds to the Law Commission for research and more infrastructures to Law Commission of India at the earliest.

(4) The Respondents shall appoint the Chairman and Members of Law Commission of India within three months from the date of receipt of a copy of this order, failing which Respondents 1 & 3 shall appear before this Court.

(5) The Respondents shall appoint a "Nodal Officer", who is well qualified in law, in each department, to note down the Courts' recommendations to bring to the knowledge of the PolicyMakers of each department by way of periodical reports within a period of six months from the date of receipt of copy of this order, so that policy decision would be taken.”

SUBMISSIONS

5. Ms.