Law Commission of India

Why in news?

• The Government has informed the Supreme Court that appointment of Chairperson and Members of the 22nd Law Commission of India, the Government’s top body to recommend crucial legislative reforms, is under consideration.

More about the news:

• The setting up of the 22nd Law Commission was constituted by the Government on February 21, 2020. However, no progress has been made in the appointments till date

About Law Commission of India:

• Law Commission of India is a currently-defunct executive body established by an order of the Government of India.
• It is neither a constitutional body nor a statutory body.
• The Commission's function is to research and advise the Government of India on legal reform, and is composed of legal experts, and headed by a retired judge.
• The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.

Pre-Independence Law Commissions of India

• The first such Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code and the Criminal Procedure Code.
• Thereafter, the second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively which, during a span of fifty years contributed to enrich the Indian Statute Book with a large variety of legislations on the pattern of the then prevailing English Laws adapted to Indian conditions.
• The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act, Female Infanticide Act etc. are products of the first four Law Commissions.

Law Commissions in Independent India:

• The Government of India established the First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr M. C. Setalvad, as its Chairman.
• Since then twenty one more Law Commissions have been appointed, each with a three-year term.
• The law commission of India has submitted 277 reports so far on various issues.
  • Examples: Report No. 273 – Implementation of the United Nations Convention against Torture, Report No.270 – Compulsory Registration of Marriages etc.

Functions of Law commission:

• The Law Commission, on a reference made to it by the Central Government or suo-motu, undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations.
• It also undertakes studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in the cost of litigation etc.
• Examines the laws which affect the poor and carries out post-audit for socio-economic legislations.
• Identification of laws which are no longer relevant and recommending for the repeal of obsolete and unnecessary enactments.

Add ons:

• The recommendations of the commission are not binding on the government.
• They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations.

PRACTICE QUESTION

Which of the following statements is/are correct regarding Law Commission of India?

1. The recommendations of the commission are not binding on the government.

2. It is a statutory body established for a fixed tenure

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer