Law Commission Of India: Establishment, Functions, & Composition

Introduction

The Law Commission of India is a crucial advisory body tasked with reviewing and recommending reforms in Indian laws. It aims to reform the laws to maximize justice in society and promote good governance under the rule of law. The Law Commission of India provides excellent thought provoking and vital review of the laws in India. Operating under the Ministry of Law and Justice, the Law Commission of India plays a pivotal role in shaping the legal landscape of India through its comprehensive research, consultations, and reports submitted to the government.

Establishment: Evolution and Impact of Law Commission

• Non-Statutory: It is a non-statutory advisory body, established by the order of the Central Government from time to time for a fixed tenure. [UPSC 2023]
• British-Era Law Commissions: During the British regime, four Law Commissions of India were established in the 19th century.  The Indian  Penal Code, the Criminal Procedure Code, the  Civil Procedure Code, the Indian Contract Act,  the Indian Evidence Act, the Transfer of Property Act and some other laws are the products of these four commissions
• Law Commissions in Independent India: The First Law Commission of independent India was established in 1955 for three years under MC Setalvad, the then Attorney-General of India.
  • Since then (1955), 21 more law commissions have been constituted, each with a 3-year term and with different terms of reference.
• The First Law Commission of pre-independent India was established in 1834 under Lord Macaulay.
• The current law commission (22nd) is headed by Justice Ritu Raj Awasthi (2020-2024).

Multifaceted Role of the Indian Law Commission

• Review and Repeal of Obsolete Laws: The Terms of Reference of the Law Commission of India, inter alia, include review/repeal of obsolete laws, 
• To Examine the Laws: Which affect the poor and carry out post-audit for socio-economic legislation
• Review of Judicial Administration: To keep under review the system of judicial administration to ensure that it is responsive to the  reasonable demands of the times and in particular to secure
• Examination of Laws by Directive Principles: To Examine the Existing Laws in the light of Directive Principles of State Policy and to suggest ways of  improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble to the Constitution, 
• Gender Equality in Legislation: Examine the existing laws with a view for promoting gender equality and suggesting amendments  thereto
• Revision of Central Acts: To revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities
• Globalization Impact Assessment: To examine the impact of globalization on food security, unemployment and recommend measures for  the protection of the interests of the marginalized.

Dynamic Composition: The Diverse Membership of Indian Law Commissions

•  Structure and Membership Variability: The composition is not fixed and varies from commission to commission. 
  • Generally, it consists of a chairman, some full-time members, a member-secretary, and some part-time members depending upon the nature of the topics of reference.

• Chairman and Full-time Members: Either serving /retired judges of the SC/HCs, /legal experts/ jurists /professors of law in any university of India. 
• Member-Secretary: Belongs to the Indian Legal Service and holds the rank of  Additional Secretary /Secretary to the Government of India. 
• Part-time Members:  Appointed from among the eminent members of the bar/ eminent scholars in the academic field /persons having specialized knowledge in a particular branch of law. 

Working of the Indian Law Commission

• Review and Finalization Process: The reports on the working of the various projects and problems are subjected to scrutiny by the full Commission in prolonged meetings for its finalization. 
• Submission of Final Reports: The final report is forwarded to the Government (Ministry of Law and Justice). 
  • The reports are considered by the Ministry of Law and Justice in consultation with the concerned administrative ministries and are submitted to Parliament from time to time. 
• References and Reports: The Law Commission of India has taken up various subjects on references made by the Department of Legal Affairs, Supreme Court, and High Courts and submitted 277 reports till now.
• Recommend legislative measures for consolidation and codification of laws. Its recommendations are not binding on the government.

Conclusion

• The Law Commission of India stands as an important institution driving legal reform and development in the country. 
• Through its comprehensive reviews, recommendations, and reports, it plays a crucial role in modernizing laws, addressing societal needs, and advancing justice. 
• With its proactive approach and commitment to upholding the rule of law, the Law Commission continues to contribute significantly to the evolution and improvement of India’s legal system.