Why in the News?
The Union government has announced the establishment of the 23rd Law Commission of India, effective September 1.
The chairperson and members of the Law Commission have not yet been appointed. The Appointments Committee of Cabinet, led by the Prime Minister, will make the decision.
What’s in Today’s Article?
- About Law Commission
- (History, Role/Functions, How it is created, Composition, Reports)
- Post Independence Developments
- Functions and Roles
About the Law Commission of India:
- The Law Commission of India is a non-statutory body established by the Union government.
- It is tasked with ensuring that laws are just, fair, and properly implemented.
- The Commission operates as an ad hoc body, created to address specific objectives.
- Primarily, it serves as an advisory body to the Ministry of Law and Justice.
- Although it is not explicitly defined in the Indian Constitution, it is established under Article 39A.
History of Law Commission in India:
- Law reform in India spans over 300 years, originating with the Charter Act, of 1833by the British Parliament.
- The first pre-independence law commission was established in 1834by the British Government in India.
- It was established by the Charter Act of 1833and was chaired by Lord Macaulay.
- The Charter Act, of 1833 empowered the Governor-General in Council to legislate from 1834 to 1920, marking a shift in legislative authority.
- The Legislative Department became independent in 1869, emphasizing the need for comprehensive consolidation and codification of Indian laws.
- The Charter Act established the All-India legislature, introducing the Law Commission to advise on legal matters.
- The Legislative Council, comprising the Governor-General and four members, held legislative powers.
- Four Law Commissions, starting with Lord Macaulay’s in 1837, recommended reforms such as the Indian Penal Codeand Civil Procedure Code.
- The Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, and the Transfer of Property Act, among others, were developed by the first four Law Commissions.
- Their contributions enriched Indian law, aligning with English legal principles adapted to Indian contexts.
- The first Law Commission of independent India was established in the year 1955 and was headed by C. Setalvad.
- Since the independence of India, there have been 22 Law Commissions. The current Law Commission (22nd) is chaired by Justice Ritu Raj Awasthi.
How is the Law Commission Created?
- A law commission is established when the Union government passes a resolution to form a new commission following the expiration of the previous one.
- Once the resolution is passed and receives the President’s assent, the government selects the chairperson for the new commission.
Composition of the Law Commission:
- The Commission is led by a Chairperson, typically a retired Supreme Court judge, and includes legal experts, academicians, and senior advocates.
- Members are appointed for a three-year term, during which they concentrate on various areas of legal reform.
What are the Post-Independence Developments?
- Following independence, Article 372 of the Constitution provided for the continuation of pre-Constitution laws until they were amended or repealed.
- There were calls both in Parliament and outside for the creation of a Central Law Commission to recommend revisions and updates to these inherited laws to meet the evolving needs of the country.
- In response, the Government of India established the First Law Commission of Independent India in 1955, chaired by Mr. M. C. Setalvad, who was then the Attorney-General of India. Since then, 21 additional Law Commissions have been appointed, each serving a three-year term.
Functions & Role:
- The primary role of the Law Commission is to recommend legal reforms through comprehensive research and public consultation. Its key responsibilities include:
- Reviewing Existing Laws: Identifying outdated or irrelevant laws that should be repealed or revised.
- Proposing New Laws: Addressing emerging legal challenges or gaps within the legal system.
- Simplifying Legal Processes: Making laws more accessible and understandable for the general public.
- Studying Judicial Reforms: Recommending improvements in the judiciary to enhance efficiency, reduce delays, and better deliver justice.
Important Recommendations of the Commission:
- The Law Commission has addressed numerous topics based on references from the Department of Legal Affairs, the Supreme Court, and High Courts, producing 277 reports.
- The Commission offers critical and insightful reviews of Indian laws.
- Notable Recommendations include:
- The 170th report on Electoral Reforms (1999), which proposed holding simultaneous Lok Sabha and State Assembly elections to improve governance and state stability.
- The 262nd report, which recommended abolishing the death penalty for all crimes except those related to terrorism and waging war against the state.
- Recently, the Commission has tackled sensitive issues such as hate speech, a uniform civil code, and data protection laws.
- Its reports have sparked significant debate and contributed to the development of new legislation.
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