Law Commission of India

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Overview:

The 22nd Law Commission of India led by Justice Ritu Raj Awasthi has recommended that the offence of criminal defamation should be retained in the new criminal laws.

About Law Commission of India:

  • It is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice.
  • It is constituted with definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.
  • It functions to the Ministry of Law and Justice as an advisory body.
  • History ofLaw Commission of India

o The first pre-independence law commission was established in 1834 by the British Government in India.

o It was established by the Charter Act of 1833 and was chaired by Lord Macaulay.

o The first Law Commission of independent India was established in 1955 under the chairmanship of the former Attorney General for India M. C. Setalvad.

o This Commission was created for a period of three years and this practice has persisted ever since then, resulting in the reconstitution of Law Commissions every three years via executive orders.

  • The executive orders that constitute the Law Commissions also specify their scope and purpose, and thus these fluctuate periodically.
  • Since then, twenty one more Law Commissions have been constituted, each with a three-year term and with certain terms of reference.
  • The Law Commission has taken up various subjects on references made by the Department of Legal Affairs, Supreme Court and High Courts.
  • The Twenty Second Law Commission has been notified with effect from 21st February, 2020 for a term of 3 years. 

Q1:What is a statutory body?

It is a body set up by law that is authorised to implement certain legislation on behalf of the relevant country or state, sometimes by being empowered or delegated to set rules in their field.


Source:Retain defamation as offense in criminal law: Law Commission Report