Madhavi Gaur
August 29, 2023 03:48
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Law Commission of India: The Law Commission of India holds a distinctive position as an executive body, established by a governmental order, rather than being a constitutional or statutory entity. Primarily tasked with spearheading legal reforms, the Commission serves as an advisory body to the Ministry of Law and Justice during its tenure.
Structured with a predetermined duration, the Commission operates as an advisory entity to the Ministry of Law and Justice. Its composition predominantly features legal experts, ensuring a wealth of legal acumen informs its activities.
Law Commission of India: Legal reforms have been a consistent theme in India’s history, spanning over 300 years. While the early reform process lacked institutionalization, Law Commissions were periodically constituted starting from the 19th century. The first Commission, led by Lord Macaulay in 1834, advocated for codification of the Penal Code and the Criminal Procedure Code.
Subsequent Commissions contributed significantly to enriching India’s legal landscape with statutes such as the Indian Code of Civil Procedure and the Indian Contract Act. During ancient times, when religious and customary laws held sway, the reform initiatives were sporadic and lacked the formalization seen in established law reform bodies.
However, starting from the third decade of the nineteenth century, the Government began periodically constituting Law Commissions. These Commissions were tasked with recommending legislative reforms aimed at clarifying, consolidating, and codifying specific branches of law. This action was taken in response to identified needs within the legal framework.
The initial instance of such a Commission occurred in 1834 under the Charter Act of 1833. Led by Lord Macaulay, it advocated for the codification of the Penal Code and the Criminal Procedure Code. Subsequently, the second, third, and fourth Law Commissions emerged in 1853, 1861, and 1879 respectively. Over a fifty-year period, these Commissions significantly augmented the Indian Statute Book by introducing a diverse range of legislations, shaped by the prevailing English laws adapted to suit Indian circumstances.
Notable legislative achievements like the Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, and the Transfer of Property Act emerged as outcomes of the pioneering efforts of the first four Law Commissions.
Law Commission of India: Following independence, the Constitution mandated the continuation of pre-Constitution Laws. In response to the need for revision and modernization of inherited laws, the First Law Commission of Independent India was established in 1955. Since then, several Law Commissions, each with a three-year term, have been appointed. The 22nd Law Commission of India was constituted in 2020 for a three-year term.
Following India’s independence, the Constitution outlined the continuation of pre-Constitution Laws under Article 372 until they undergo amendment or repeal. There emerged a growing demand within Parliament and from external sources for the establishment of a Central Law Commission. This Commission would be tasked with suggesting revisions and updates to the inherited laws to better align with the evolving needs of the nation.
Responding to these calls, the Government of India took the initiative to establish the inaugural Law Commission of Independent India in 1955. This pioneering step was led by Mr. M. C. Setalvad, the then Attorney-General of India, who assumed the role of its Chairman. Since then, an additional twenty-one Law Commissions have been appointed, each serving a three-year term.
In 2020, the Union Cabinet gave its nod for the creation of the 22nd Law Commission of India, set to function over a three-year span, further demonstrating the enduring relevance and commitment of the Commission to its responsibilities.
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The Commission, whether on the Central Government’s reference or initiated suo-motu, engages in legal research and the evaluation of existing Indian laws to facilitate reforms and the creation of new legislations. Additionally, it conducts studies to streamline justice delivery systems, aiming to reduce procedural delays, expedite case resolution, and decrease litigation costs. The Commission’s functions encompass:
The Law Commission undertakes research, reviews existing laws, and suggests reforms and new legislations. It focuses on justice delivery system reforms, elimination of procedural delays, and cost reduction in litigation. The Commission identifies and recommends the repeal of obsolete laws, studies laws affecting the marginalized, and suggests new legislation to implement Directive Principles and Constitutional objectives. It also addresses issues related to gender equality and the impact of globalization.
This Commission has furnished a total of 277 reports encompassing diverse subjects. Among the recent reports are:
The Commission’s recommendations hold non-binding status on the government, implying they can either be accepted or rejected. The actions taken based on these recommendations are contingent upon the concerned ministries/departments responsible for the subject matter.
This Commission of India, though not constitutionally or statutorily mandated, plays a vital role in guiding legal reforms and shaping the nation’s legal landscape.
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