Law Commission of India
Published On: 2024-09-11
The Law Commission of India is a non-statutory body established by the Union Ministry of Law and Justice through a gazette notification. It plays a crucial role in reviewing, improving, and reforming India's legal system. The Commission serves as an advisory body to the government, with its recommendations aimed at streamlining and modernizing the laws of the country. The recommendations are not legally binding, but they hold significant influence in shaping Indian legislation.
Composition of the 23rd Law Commission
The recently constituted 23rd Law Commission (2024-2027) consists of a full-time chairperson, four full-time members, and ex-officio members, including the Secretaries of the Legal Affairs and Legislative Departments. The Commission may also have up to five part-time members. The Appointments Committee of the Cabinet will appoint the members, which often include serving or retired judges from the Supreme Court or High Courts, or other legal experts. Historically, the chairperson is a retired judge.
Key Responsibilities
The 23rd Law Commission has been tasked with several responsibilities aimed at enhancing India’s legal framework. These include:
- Repealing Obsolete Laws: The Commission will identify outdated laws that can be repealed to streamline the legal system.
- Legal Audits for the Poor: It will conduct audits to review the impact of laws on economically weaker sections, ensuring that legislation is fair and beneficial to all.
- Advisory Role: The Commission will provide opinions on laws referred to it by the Ministry of Law and Justice.
- Review of Directive Principles: The Commission will examine existing laws in the context of the Directive Principles of State Policy, recommending changes and proposing new laws to implement these principles effectively.
- Globalisation and Social Impact: The body will study the impact of globalisation on issues like food security and unemployment and propose measures to protect marginalized communities.
- Judicial Administration: It will review the judicial administration system and suggest reforms to make it more responsive to contemporary needs.
Previous Law Commission (22nd)
The 22nd Law Commission, which was operational between February 2020 and August 2023, worked on significant issues such as the Uniform Civil Code and simultaneous elections, though its term ended before completing these tasks. One of its key recommendations was to retain Section 124A of the Indian Penal Code (sedition law), citing internal security threats, with suggestions for its clearer application.
Role in Indian Legal Development
The Law Commission has been instrumental in shaping India's legal landscape. Since Independence, it has submitted 289 reports, many of which have led to major legislative changes. Notable examples include the Code of Criminal Procedure (1973) and the Right to Education Act (2009). Despite its advisory role, the Commission’s work significantly influences legal and policy reforms in India.
