LAW COMMISSION OF INDIA

Table of Contents

Introduction

The Law Commission of India is a non-statutory body constituted by the Government of India. It was originally established in 1955 by the Government of India to recommend reforms in the country’s legal system.

It acts as an advisory body to the Law Ministry.

The Law Commission is neither a statutory nor a constitutional body.

It is primarily composed of legal experts.
The first Law Commission in India was formed in 1955 with its chairman being the then Attorney-General of India, M. C. Setalvad.
The Law Ministry has initiated the process of forming a new Law Commission.

The Commission submits reports to the government on various matters of a legal nature. The reports are not binding on the government, which can either reject or accept them.

Law Commission

The Law Commission typically consists of a Chairman, who is usually a retired judge of the Supreme Court of India, and several members, including legal experts, academics, and practitioners. Members of the Law Commission are appointed for a fixed term, usually three years. The tenure of the Commission may be extended by the government if necessary.

The Law Commission submits its reports and recommendations to the government, which may then consider them for implementation. These reports cover a wide range of legal topics, including civil and criminal law, family law, constitutional law, and administrative law.

Law Commission of India-History

Law reform has been a non-stop process, specifically at different points in Indian history. When religious and established law occupied the subject in the earliest period, the reform manner had been ad hoc and not regulated through duly constituted law reform agencies.

However, after the 19th century, the law commission, which was constituted by the authorities from time to time, had been empowered to put forth legislative reforms to clarify, consolidate, and classify unique divisions of regulation where the Indian authorities felt the necessity for it.

Functions

The main functions of the Law Commission include studying and reviewing existing laws, proposing reforms and amendments to outdated or ineffective laws, examining judicial decisions and legal precedents, and conducting research on legal issues of national importance.

The law commission evaluates India’s laws and current legal guidelines for enacting new rules and making reforms. Some of the other functions of the Law Commission are-

Review/repeal obsolete laws: Identifying regulations that are not applicable anymore and recommending a repeal of outdated and pointless enactments.
Law and poverty: Evaluating laws that affect the economically backward society and post-audits for socio-economic legislation. Suggesting the enactment of new rules can also be essential to introducing the Directive Principles and attaining the objectives set out in the Constitution’s Preamble.

Judicial administration: Conveying its views to the authorities on judicial and law administration. The government may share these views with the Ministry of Law and Justice.
Research: Legal experts research various legal reforms.
Examine current regulations to upgrade gender equality and suggest amendments to that.

Submitting reviews on all matters, issues, and research and recommending reviews to the Central Government from time to time.

Conclusion

The Law Commission of India plays a vital role in the ongoing process of legal reform and development in the country, helping to ensure that India’s legal system remains relevant, effective, and just in the face of evolving societal needs and challenges.

The Law Commission is appointed by the government, it operates independently and is not bound by government directives. This independence allows it to make impartial and objective recommendations based on legal principles and public interest.