Law Commission of India

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What’s in today’s article?

  • Why in News?
  • About Law Commission of India
  • History of Law Commission in India
  • How is the Law Commission Created?
  • Important Recommendations of the Commission
  • Article 39A of the Constitution

 

Why in News?

  • The Union Cabinet approved extension of the term of 22nd Law Commission up to August 31, 2024.
  • The Commission is currently looking into several significant issues, including implementation of a Uniform Civil Code (UCC).
  • The Commission is also looking into the issue of holding simultaneous elections.

 

About Law Commission of India

  • The Law Commission of India is a non-statutory body constituted by the Union government.
  • It is a commission established to ensure that the laws formed are just and fair which work towards its proper implementation.
  • It can be referred to as an ad hoc body, which is constituted for the fulfilment of a particular purpose.
  • Basically, it works as an advisory body to the Ministry of Law and Justice.
  • However, it is not defined under the Indian Constitution. It is constituted as part of Article 39A.​​​​​​

 

​​​​​​​History of Law Commission in India

  • The first pre-independence law commission was established in 1834 by the British Government in India.
    • It was established by the Charter Act of 1833 and was chaired by Lord Macaulay.
  • The first Law Commission of independent India was established in the year 1955 which was headed by M.C. Setalvad.
  • Since the independence of India, there have been 22 Law Commissions. The current Law Commission (22nd) is chaired by Justice Ritu Raj Awasthi.

 

How is the Law Commission Created?

  • A law commission is created when the Union government passes a resolution for the formation a new commission after the expiry of the last one.
  • After the resolution is passed , and the President gives assent to it, the government has the liberty to choose the chairperson for the new commission.

 

Important Recommendations of the Commission

  • The Law Commission has taken up various subjects on references made by Department of Legal Affairs, Supreme Court and High Courts and submitted 277 reports.
  • The Commission provides thought provoking and vital review of the laws in India.
  • Important Recommendations include –
    • The 170th report of the Law commission on Electoral reforms, 1999 had suggested simultaneous Lok Sabha and State Assembly Elections. It recommended that this is for the improvement of governance and stability of the states.
    • The Law Commission in its 262nd report recommended the abolition of death penalty for all crimes except terror-related offences and waging war against the state.

 

  • Article 39A of the Constitution

    • Ensure that the legal system functions to promote justice based on equal opportunity for all;
    • Shall offer free legal assistance through appropriate legislation or programs;
  • To guarantee that no citizen is deprived of the opportunity to get justice due to a lack of resources or other impediments.

 

 


Q1) What is the meaning of directive principles of state policy?

These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life.

 

Q2) What is called social equality?

Social equality is a state of affairs in which all individuals within a specific society have equal rights, liberties, and status, possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services.

 


Source: Term of Law Commission extended till August 2024 | Lawcommissionofindia