The Centre has constituted the Law Commission of India by appointing former Karnataka High Court Chief Justice Ritu Raj Awasthi as its chairperson.
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
- 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
- Chairman: Macaulay; It recommended for the Codifications of the IPC, CrPC etc.
Its’ composition
The 22nd Law Commission will be constituted for a period of three years from the date of publication of its Order in the Official Gazette. It will consist of:
- Full-time Chairperson;
- Four full-time Members (including Member-Secretary)
- Secretary, Department of Legal Affairs as ex-officio Member;
- Secretary, Legislative Department as ex officio Member; and
- Not more than five part-time Members.
Terms of reference
- The Law Commission shall, on a reference made to it by the Central Government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations.
- It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
Major reforms undertaken
- The First Law Commission under Macaulay suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.
- These include the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.
- Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones.
Role in legal reforms
The Law Commission has been a key to law reform in India.
- Its role has been both advisory and critical of the government’s policies
- In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.
- The Commission seeks to simplify procedures to curb delays and improve standards of justice.
- It also strives to promote an accountable and citizen-friendly government that is transparent and ensures the people’s right to information.
