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A Model of New Constitution For India

LAW COMMISSION OF BHARAT
Home | Object of "A MODEL OF NEW CONSTITUTION FOR INDIA" | PREAMBLE | CITIZENSHIP | FUNDAMENTAL DUTIES AND RIGHTS | DIRECTIVE PRINCIPLES OF STATE POLICY | The Executive | Parliament | TARIFF COMMISSION OF BHARAT | State Legislatures | Local self-Governments. | Political parties | JUDICIARY AND ITS ANCILLARIES | LAW COMMISSION OF BHARAT | PRESS COUNCIL OF BHARAT | The Bureau of the Comptroller and Auditor-General of India | State Judicial Commissions | High Courts in the States | Subordinate Courts. | ELECTION COMMISSIONS OF BHARAT AND STATES | Miscellanious & Other provisions

LAW COMMISSION OF BHARAT

187.    Establishment and Constitution of the Law Commission of Bharat.

There shall be a Law Commission of India, which shall consist with the Vice-President of Bharat as its Chairman, and one Executive Chairman.

 

188.      Composition of the Law Commission of Bharat.

(1)       The Law Commission of Bharat shall consist of –

(a)    Vice-President as its Chairman;

(b)    President shall appoint a retired Supreme Court Judge as acting Chairman of the Law Commission of Bharat, on the recommendations of the National Judicial Commission, from a penal of three names forwarded by the Four Senior most Judges, including Chief Justice of Supreme Court;

(c)    one member each to be nominated by the Chief Minister of each State, having with the legal back grounds;

(d)    equal number of the persons as nominated by chief ministers, shall be nominated by the Prime Minister, experts from different areas;

(e)    ten members to be nominated by the Bar Council Of India; and

(f)     Bar Council of Each State shall appoint one member each.

(2)       The term of office of the acting chairman shall be three years from the date of appointment, and shall be removed in the same manner as may be removed by a Supreme Court Judge.

(3)       The term of office of the members to be nominated by the Prime Minister and the Chief Ministers shall be two years from the date of nomination.

(4)       The term of office of the members to be nominated by the Bar Council of Bharat and Bar Councils of the States shall be one year, from the date of nomination.

(5)       No person shall be eligible for appointment or nomination for second term.

(6)       No person shall be eligible for any of above appointments or nominations, if he ever has been charge sheeted for any criminal offence or for making false statement or suffered by any allegations of any type of misconduct.

 

189.  Preparations of the drafts for the Laws by the Law Commission of Bharat.

(1)       On request from the Central or any State Government or from any individual or suo-moto, Law Commission shall invite public opinion and suggestions and compiled them before preparation of draft for any law and shall publish.

(2)     Draft of any law, which may be passed by the Parliament, Chairman of the Commission / Vice-President shall place the published draft before Rajya Sabha and Acting Chairman of the Commission shall hand over it to the Speaker of the Lok Sabha, who shall place the same before the House. Thereafter such drafts shall be the property of the Parliament, till no decision is taken, even if Lok Sabha is dissolved.

(3)  Draft of any law, which may be passed by one or more State Assembly, the Acting Chairman of the Commission shall forward such published draft to Speakers of State Assemblies of each State. Such drafts shall be the property of the respective assembly or assemblies, till no decision is taken, even, if respective assembly or assemblies dissolved.

 

190.  Rules framed and notified by the Law Commission of Bharat and its effects.

(1)           Commission shall frame Rules relating to every law and shall notify them, under the hand and seal of the Chairman.

(2)           Any Law, whether passed by the Parliament or by any Assembly shall not be effective, till the Commission notifies necessary Rules.

(3)           Rules notified by the Commission shall be mandatory.

(4)           Any individual can make suggestions to Commission in respect of the Rules, pertained to any Law.

 

191.    Rules of Court, etc.

(1)                Law commission of Bharat, after inviting suggestions from general public, shall frame drafts for the following comprehensive Rules, with the objective to ensure justice, expedite the Court proceedings and for regulating generally the practice and procedure of the Court including-

(a)    rules as to the persons practicing before the Court;

(b)    rules as to the procedure for hearing appeals and other matters pertaining to appeal including the time within which appeals to the Court are to be entered;

(c)    rules as to the proceedings in the Supreme Court and High Court for the enforcement of any of the rights conferred by Part III;

(d)    rules as to the proceedings in the Court for transfer of cases;

(e)    rules as to the entertainment of appeals to the Supreme Court;

(f)     rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered;

(g)    rules as to the fees to be charged by lawyers in respect of and relating to any Court proceedings;

(h)    rules as to the granting of the bail;

(i)      rules as to stay of the proceedings;

(j)     rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;

(k)    rules as to the procedure for inquiries to be conducted by the Supreme Court under any provision of the Constitution; and

(l)      rules as to the appointment of the officers and servants and administration of the Court.

(2)                Draft of the rules to be prepared by the Law Commission of Bharat to fix minimum number of Judges to sit for the purposes of deciding of any matter under any jurisdiction of the Court, but in no case the numbers of judges should be less than seven, when Court deciding any case involving a substantial question of law as to the interpretation of this Constitution.

(3)                The Acting Chairman shall forward every draft prepared under this Article to the Supreme Court for its consideration and to notify such Rules, with or without any changes in such draft.

(4)      The Full Bench of the Supreme Court shall take its final decision within six months from the presentation of such draft by the Law Commission of Bharat.

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