What is the Law Commission?

• The Law Commission of India, a non-statutory body, is formed by a government notification under the Ministry of Law & Justice.
• It is an executive body established by an order of the Government of India. Its major function is to work for legal reforms.
• It conducts legal research and issues reports with recommendations for the Government.
• It addresses subjects referred to by legal authorities and has submitted more than 280 reports.
• The Commission offers critical and insightful reviews of Indian laws, contributing significantly to legal discourse and reform.
• The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
• Its membership primarily comprises legal experts.

What is the History of the Law Commission in India?

• Law reform in India spans over 300 years, originating with the Charter Act, 1833 by the British Parliament.
  • The Charter Act, 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 Code and Civil Procedure Code.
  • Their contributions enriched Indian law, aligning with English legal principles adapted to Indian contexts.
  • The Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act. etc. are products of the first four Law Commissions.

What is Vision and Mission of Law Commission of India?

• Vision:
  • Reforming the laws for maximizing justice in society and promoting good governance under the rule of law.
• Mission:
  • Reviewing and repealing outdated laws.
  • Examining laws affecting the economically disadvantaged.
  • Conducting post-audits on socio-economic legislation.
  • Monitoring the judicial system's responsiveness to contemporary needs.
  • Evaluating laws in line with Directive Principles of State Policy for enhancement and reform.
  • Proposing legislation to implement Directive Principles and Constitutional objectives.
  • Assessing existing laws for gender equality promotion and suggesting amendments.
  • Simplifying and rectifying Central Acts to eliminate inconsistencies and injustices.
  • Analyzing the impact of globalization on food security and unemployment.
  • Recommending measures to safeguard the interests of marginalized groups.

What is the Constitution of Law Commission of India?

• Note: The two ex-officio members of the Law Commission of India are the Secretary of the Department of Legal Affairs and the Secretary of the Legislative Department.

What are the Post-Independence Developments?

• After independence, the Constitution stipulated the continuation of pre-Constitution Laws under Article 372 until they are amended or repealed.
• There had been demands in Parliament and outside for establishing a Central Law Commission to recommend revision and updation of the inherited laws to serve the changing needs of the country.
• 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, 21 more Law Commissions have been appointed, each with a three-year term.

What are the Functions of the 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.
• The other functions of the Law Commission include:
  • Identification of laws which are no longer relevant and recommending for the repeal of obsolete and unnecessary enactments.
  • Examines the Laws which affect the poor and carries out post-audit for socio-economic legislations.
  • Suggesting enactment of new legislation as may be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.
  • Considering and conveying to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through the Ministry of Law and Justice (Department of Legal Affairs).
  • Considering the requests for providing research to any foreign countries as may be referred to it by the Government through the Ministry of Law & Justice (Department of Legal Affairs).
  • Examine the existing laws with a view of promoting gender equality and suggesting amendments thereto.
  • Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.
  • Preparing and submitting to the Central Government, from time to time, reports on all issues, matters, studies and research undertaken by it and recommending in such reports for effective measures to be taken by the Union or any State.
  • Performing such other functions as may be assigned to it by the Central Government from time to time.
• Before concretizing its recommendations, the Commission consults the nodal Ministry/Departments and such, other stakeholders as the Commission may deem necessary for the purpose.

What are the Recent Reports of the Law Commission?

• Report No. 287 – Law on Matrimonial Issues relating to Non-Resident Indians and Overseas Citizens of India
• Report No. 286 – A Comprehensive Review of the Epidemic Diseases Act, 1897
• Report No. 285 – The Law on Criminal Defamation
• Report No. 284 – Revisiting the Law on Prevention of Damage to Public Property
• Report No. 283 – Age of Consent Under the Protection of Children from Sexual Offences Act, 2012 (POCSO)
• Report No. 282 – Amendment in Section 154 of the Code of Criminal Procedure, 1973 for enabling online registration of First Information Report (FIR)
• Report No. 281 – Compensation for damage due to installation of towers and transmission lines under the Indian Telegraph Act, 1885 and the Electricity Act, 2003
• Report No.280 – The Law on Adverse Possession
• Report No. 279 - Usage of the Law of Sedition
• Report No. 278 - Urgent Need to Amend Rule 14(4) of Order VII of the Code of Civil Procedure, 1908 (CPC)
• 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.

What are the Subjects and their Major Reports?