When will the Parliament bring a Law on Torts and State Liability? Madras High Court asks

When will the Parliament bring a law on 'Torts and State Liability' covering the violation of fundamental rights of the citizens at the hands of the State?.The Madurai Bench of the Madras High Court posed this query on Tuesday, while lamenting about the chronic failures of the legislature to act on suggestions made by courts when it came to filling in gaps noticed in the law (K Pushpavanam v Union of India and ors). .Pertinently, the order passed by the bench of Justices N Kirubakaran and B Pugalendhi observes:."... there is no legislation in the field of 'Torts and State Liability' in India. Though the recommendations have been made by the Law Commission to the Union Government for a comprehensive legislation in the field of 'Torts and State Liability' as early as in the year 1965-1967, except introduction of some Bill in 1965-1967, nothing came out as an Act. The Law Commission as early as in the year 1956 submitted its report insisting upon to have a legislation relating to State Liability. So far, the legislation is yet to come. The Honourable Supreme Court time and again has been insisting upon the necessity to have a comprehensive legislation in the above subjects.".The Court added that the Supreme Court has recommended that a comprehensive law be introduced in the field of Torts and State Liability through judgments such as MCD v. Uphaar Tragedy Victims Association and Vadodara Municipal Corporation v. Purshottam V.Murjani..The Court noted that while courts should refrain from issuing writs of mandamus binding the State to enact laws, the response shown by the State to the suggestions made by the judiciary on the enactment of suitable laws or amendments has not been positive. ."... history would tell that the suggestions given by the Honourable Supreme Court and various High Courts have been consistently ignored by the respective Governments", the order reads. .In this regard, the Court pointed out that the Supreme Court's 1999 recommendations in V Sudeer v. Bar Council of India for the introduction of law for apprenticeship among lawyers by making suitable amendments to the Advocates Act, 1961 has not been acted on despite the passage of two decades. .On the other hand, a law against sexual harassment of women in the workplace was only brought about 14-15 years after the Supreme Court recommended the same in the case of Vishaka and others v. State of Rajasthan.."The above examples would also prove that either the Parliament or the State Legislature is not taking up the suggestions/directions of the Constitutional Courts seriously", the Court remarked..The High Court added that it appears that the suggestions given by Courts may not be properly brought to the notice of policymakers in the absence of proper Wings in Government departments for this purpose. There is a necessity to have such a Wing in every Department, the Court added..Adding to the issue, the Judges also noted that while a 22nd Law Commission of India has been constituted in February this year, the Chairman and the Members to the Commission are yet to be appointed. ."The non-appointment of the Chairman and Members of the Law Commission of India which is like an Advisory Board, for a long time, will affect the progress of the law-making process in the country", the Court remarked..In this backdrop, the Court has impleaded the Union Ministry of Parliamentary Affairs, the State of Tamil Nadu and the State Law Department, and directed that the authorities respond to the following questions, so that the matter may be examined further:In how many judgments, have the Constitutional Courts recommended the enactment of new laws or amendments to existing Acts, so far? How many orders have been acted upon and suitable Acts/Rules and amendments to the existing Acts been introduced. What are the new such Acts/Rules/amendments made so far? How many judgments are being acted upon and suitable Acts/ amendments in the process of enactment? When will the Parliament bring a comprehensive, suitable legislation in the field of 'Torts and State Liability' for the violation of the fundamental rights of the citizens at the hands of the State and its officials? Whether the Central and State Governments have appropriate Wings to note down the judgments/orders of the Constitutional Courts, wherein suggestions for enacting new Acts or amendments have been recommended? If there is no such Wing, when such Wing will be established to bring those suggestions to the higher-ups or policymakers to act upon suggestions given by Courts? When will the Central Government appoint Chairman and Members of 22nd Law Commission of India?.The matter has been listed to be taken up next on December 10..Read the Order: