CHANDRAVADAN RANGILDAS DHRU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Writ-petition, by way of Public Interest Litigation, under Article 226 of the Constitution of India, is filed by the petitioner, who appeared as party in person, seeking the reliefs which read as under:

(2.) The petitioner, party in person, claims to be a journalist of a Gujarati newspaper, a social worker and also promoter of information rights of the public at large. In this writ-petition, the petitioner has questioned the Resolution dated 2nd November 2004 issued by the Government of Gujarat, by which the earlier Government Resolution dated 22nd June 1998, is amended, by which the composition of the Gujarat State Law Commission is changed. As per the said Resolution dated 22nd June 1998, composition of the Law Commission should consist a Chairman, who is acting or retired Justice of the Gujarat High Court and two members from Non-Governmental Organisation. From reading of the aforesaid Government Resolutions and the other material placed on record, it appears that the said Law Commission is constituted with avowed object to study and consolidate the laws and bring them in conformity with the changed socioeconomic condition; to recommend and suggest necessary amendments in existing laws; to review the procedural laws and to determine the inconsistency therein and; to recommend and suggest amendment in the existing laws which are rendered inconsistent and incongruous owing to the judgments of this Court as well as of the Hon'ble Supreme Court etc. Subsequently, composition of the Law Commission is changed by the Government of Gujarat by Government Resolution dated 2nd November 2004. As per the said Resolution, the composition of the Law Commission consists of a Chairman (acting or retired Justice of the Gujarat High Court), one non-official member and one official member.

(3.) In this writ-petition, which is in the nature of Public Interest Litigation, it is alleged that there is no reason for changing the composition of the Law Commission with regard to members by way of amendment. The petitioner has made reference to the representations made by him to the various authorities, including the Hon'ble Governor of State of Gujarat, and further pleading that, no action is taken on such representations to restore the earlier composition with two members of Non-Governmental Organizations, the petitioner has approached this Court with the reliefs as quoted above.