Law Commission of India: Role, Members

What’s in today’s article?

• Why in the News?
• About Law Commission of India
• History of Law Commission in India
• How is the Law Commission Created?
• Composition of Law Commission
• Functions & Role
• Important Recommendations of the Commission

Why in the News?

• The Union government has notified the constitution of the 23rd Law Commission of India with effect from September 1.
• The chairperson and members of the Law Commission are yet to be named.
• The decision will be taken by the Appointments Committee of Cabinet chaired by the Prime Minister.

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.

Composition of Law Commission

• The Commission is headed by a Chairperson, usually a retired Supreme Court judge, and comprises legal experts, academicians, and senior advocates.
• The members are appointed for a term of three years, during which they focus on different areas of legal reforms.

Functions & Role

• The main function of the Law Commission is to recommend reforms based on detailed research and public consultation. Key tasks include:
• Reviewing existing laws: To identify obsolete or irrelevant laws that need to be repealed or amended.
• Proposing new laws: Based on emerging legal challenges or gaps in the system.
• Simplifying legal processes: To make laws more accessible and understandable to the general public.
• Studying judicial reforms: Recommending changes in the judiciary to enhance efficiency, reduce delays, and improve justice delivery.

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.
• In recent years, the Commission has worked on sensitive issues such as hate speech, uniform civil code, and data protection laws.
• Its reports have been a source of significant debate and have helped in shaping new legislation.

Q1.Are directive principles enforceable by law?

They are not enforceable by any court, but the principles laid down there are considered "Fundamental" in the governance of the country, which makes it the duty of the State to apply these principles in making laws to establish a just society in the country.

Q2. What is the objective of Article 39 of the Constitution?

The main goal of this article is to make sure that the people of India, or citizens, have enough means of living, equitable wealth distribution, fair wages, and child and labour protection. The state bears the burden of ensuring all of this.

Source: What is the Law Commission: its role, members, & recommendations