Polity Notes

LAW COMMISSION OF INDIA

Law Commission of India is an Executive Body established after every 3 years by Union Government. Law Commission has a fixed tenure of 3 years and it works as an Advisory Body to the Ministry of Law and Justice. The major functions of Law Commission is to work for legal reforms.

Moto of Law Commission

Reforming the Law for maximising Justice in Society and promoting good governance under the rule of Law.

Objective of Law Commission

1) To review/examine the existing Laws.

2) To identify laws which are no longer relevant and recommending for the repeal of obsolete and unnecessary enactments.

3) To suggest enactment of new legislations as may be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.

4) To undertake research in law and review of existing laws for making reforms therein.

5) Law Commission undertake studies and research for bringing reforms in Justice delivery systems for elimination of delay in procedures speedy, disposal of cases, reduction in cost of litigation etc.

1st Law Commission in India was established in 1834 by the Charter Act of 1833 under the Chairmanship of Lord Macaulay. 1st Law Commission in Independent India was established in 1955 for 3 years tenure under the Chairmanship of M. C. Setalvar. Till date 21 Law Commission have been formed. 21st Law Commission was formed for the period 01.09.2015 to 31.08.2018 under the Chairmanship of Justice Balbir Singh Chauhan. Union Cabinet on 19th February, 2020 has approved the formation of 22nd Law Commission of India for a period of 3 years. The Supreme Court on 25th January, 2021 agreed to hear a plea seeking direction to Union Government to appoint the Chairperson and members of 22nd Law Commission.

Composition of Law Commission

The Commission is headed by its Chairperson and have four full time members, not more than five part-time members and Union Law Secretary and Union Legislative Secretary as ex-officio members.

The various Law Commissions have been able to make important contribution towards the progressive development and codification of law of the Country. Law Commission have so far submitted 277 reports.

Recent Recommendations of Law Commission

1) Abolition of death penalty for all Crimes except terrorism related offences and waging war against the State.

2) Simultaneous Lok Sabha and State Legislative Assembly elections to improve governance and political stability.

3) Law against hate speeches.

4) Implementation of uniform Civil Code (as mentioned in Article 44 under DPSP in our Constitution).

(5) BCCI (Board of Control for Cricket in India) should be brought under RTI act.