Mains Paper 2 : Executive & Judiciary |
From UPSC perspective, the following things are important :
Prelims level : Law Commission if India
Mains level : Mandate of the Law Commission
- With the country left without a Law Commission since September 2018, the Law Ministry has initiated the process of setting up the body which gives advice to the government on complex legal issues.
- The three-year term of the 21st Law Commission ended on August 31 last year. On at least one occasion, the Ministry had moved the proposal to reconstitute the panel.
Law Commission of India
- It is an executive body established by an order of the Government of India. First law commission of independent India was established post the Independence in 1955.
- The Cabinet approves reconstitution of the law panel for a period of three years. It is usually headed by a former Supreme Court judge or a former Chief Justice of a High Court.
- Composition: Chairman, 1 Permanent Member, 1 Member Secretary, 2 Part-time Members, 2 ex-officio
members. (21 st Law Commission Chairman: Justice BN Chauhan)
- Tenure: 3 Years
- Function: Advisory body to the Ministry of Law and Justice for “Legal Reforms in India”
- Recommendations: NOT binding
- First Law Commission was established during the British Raj in 1834 by the Charter Act of 1833 under Macaulay.
- It recommended for the Codifications of the IPC, CrPC etc.