LAW COMMISSION OF INDIA

Law Commission of India: Catalyst for Legal Reform and Governance

To prepare for INDIAN POLITY for any competitive exam, aspirants have to know about the Law Commission Of India. It gives an idea of all the important topics for the IAS Exam and the polity syllabus (GS-II.). This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Law Commission Of India. In this article, you can read all about the Law Commission Of India for the Polity and Governance segments of the UPSC syllabus.

The Law Commission is a non-statutory body constituted by the GoI, every three years. Its major function is to work for legal reform and works as an advisory body to the Ministry of Law and Justice. 

Law Commission of India: Evolution, Impact and the Road to Legal Reform

NEWS – Recently, the Union Cabinet approved the creation of the 22nd Law Commission, with a term of three years.

• The Law Commission is a non-statutory body constituted by the GoI, every three years.
• Its major function is to work for legal reform and works as an advisory body to the Ministry of Law and Justice.
• The first Law Commission was established during the British era in 1834 by the Charter Act of 1833 and was presided over by Lord Macaulay.
• However, the first Law Commission of Independent India was constituted in 1955 with M. C. Setalvad, as its Chairman.
• It has so far submitted 277 reports.

22nd Law Commission of India: Composition and Key Functions

Composition

• A full-time Chairperson (usually who is a retired SUPREME COURT judge or Chief Justice of a HIGH COURT);
• Four full-time Members (including Member- Secretary)
• Secretary, Department of Legal Affairs as ex- officio Member;
• Secretary, Legislative Department as ex officio Member; and
• Not more than five part-time Members.

Law Commission’s Terms of Reference and Reform Objectives

• Identify laws which are no longer needed or relevant and can be immediately repealed;
• Examine the existing laws in the light of DIRECTIVE PRINCIPLES OF STATE POLICY and suggest ways of improvement and reform.
• Consider and convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to by the Government through the Ministry of Law and Justice.

Roles of Law Commission and Controller General of Accounts

NEWS – Recently a new Controller General of Accounts (CGA) was appointed.

• CGA works under the Department of Expenditure, Ministry of Finance.
• It functions as Principal Advisor on Accounting matters to the Union Government
• CGA does the Cadre management of Group A (Indian Civil Accounts Service) and Group B Officers of the Central Civil Accounts Offices.
• It is not a constitutional body, but it derives its mandate and exercises the powers of the PRESIDENT OF INDIA from Art. 150 of the constitution.

Article 150 à the accounts of the Union and of the States shall be kept in such form as prescribed by the President on the advice of the Comptroller and Auditor- General (CAG-Art. 148)

• Allocation of Business Rules 1961 brings out the duties and responsibilities of CGA, which include the following:
  • It administers the process of payments, receipts and accounting in Central Ministries.
  • Prepares, consolidates and submits the monthly and annual accounts of the Central Government.
  • It is responsible for maintaining the requisite technical standards of Accounting.
  • It is responsible for the coordination and monitoring the progress of submission of corrective action taken on the recommendations contained in the Public Accounts Committee‘s (PAC) and the CAG reports.

Changes in IPC and CrPC through Ministry Initiatives

NEWS – Recently, the Union Ministry asked all state governments to send their suggestions for a major overhaul and recasting of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC).

Indian Penal Code

• IPC determines the definition of crime and it is the official criminal code of India.
• It is a comprehensive code intended to cover all substantive aspects of criminal law.
• The code was drafted in 1860 on the recommendations of the first law commission of India.

Law Commission’s Impact on Code of Criminal Procedure in India

• CRPC informs about the criminal investigations process.
• CrPC is the main legislation on procedure for administration of substantive criminal law in India.
• It was enacted in 1973, though initially created in 1882.
• It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty.

Are BPRD and the Law Commission Collaborating to Reform Legal Statutes?

• BPRD will undertake a review of the laws such as IPC, CrPC, Indian Evidence Act and Narcotic Drugs and Psychotropic Substances Act.
• BPRD under Ministry of Home Affairs was set up in 1970 in furtherance of the objective of the Government for the modernisation of police forces.

Collaborative Initiatives of NCPCR and Law Commission for Comprehensive Legal Safeguards

• NCPCR is a statutory body under the Commissions for Protection of Child Rights (CPCR) Act, 2005 under the administrative control of the Ministry of Women & Child Development.
• The Commission’s Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child.
• The Child is defined as a person in the 0 to 18 years age group.

NCSK’s Extended Tenure: A Pledge to Uphold Dignity in Safai Karmacharis’ Welfare

NEWS – Recently, the government approved the proposal for extension of tenure of the National Commission for Safai Karamcharis (NCSK) for the next three years.

• It was constituted in 1994 as a statutory body under National Commission for Safai Karamcharis Act, 1993.
• With the lapse of this Act from 2004, the Commission is now acting as a non-statutory body of the Ministry of Social Justice and Empowerment whose tenure is extended from time to time through Government Resolutions.
• It serves as a recommendatory body to the Central Government, regarding specific programmes or action towards the elimination of inequalities in status, and opportunities for Safai Karmacharis.
• The commission is also monitoring the implementation of The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

NCRB’s Role as a Crime Information Repository and Its Crucial Contribution to Law Enforcement

• NCRB was set-up in 1986 to function as a repository of information on crime and criminals so as to assist the investigators in linking crime to the perpetrators.
• It was set up based on the recommendations of the National Police Commission (1977-1981) and the MHA’s Task force (1985).
• It has been setup as an attached office of Ministry of Home Affairs (MHA)
• It acts as the National storehouse of fingerprint (FP) records of convicted persons including FP records of foreign criminals.
• It releases “Prison statistics of India”.

National Crime Records Bureau (NCRB), recently released crime data for 2017.

Trends observed by NCRB in report of 2017

• Increase in crimes against women from during 2016-17, topped by Uttar Pradesh.
• Cybercrimes increased by 77% in 2017 from 2016.
• Decrease in number of prisons from 2015 to 2017.
• Overcrowding in Jails, with Uttar Pradesh facing the steepest problem of overcrowding
• Increase in undertrial Prisoners during 2015-17.

DOWNLOAD PDF