"The Law Commission of India is a vital advisory body established to improve and modernize the country’s legal system. Its work ensures that India’s laws remain relevant and effective."
Overview of the Law Commission
- Status: It is a non-statutory body constituted normally every three years by a notification of the Government of India.
- Nodal Authority: Issued by the Ministry of Law & Justice, Department of Legal Affairs.
- Mandate: To carry out research in the field of law and make recommendations to the Government in the form of Reports.
- Subjects of Study: Takes up subjects on references from the Department of Legal Affairs, the Supreme Court, and High Courts.
- Performance: It has submitted 283 reports so far, providing a thought-provoking review of Indian laws.
Historical Background
Legal Commissions have played a crucial role since the 19th Century under British rule, adapting English legal principles to the Indian context.
| Name (Law Commission) | Formation Year | Chairman |
|---|---|---|
| First | 1834 | Lord Macaulay |
| Second | 1853 | Sir John Romilly |
| Third | 1861 | Sir John Romilly |
| Fourth | 1879 | Dr. Whitney Stokes |
Major outcomes: Indian Penal Code (IPC), CrPC, CPC, Evidence Act, Contract Act, and Transfer of Property Act.
Composition
The composition is not fixed and varies across terms. Generally, it includes:
- A Chairman (usually a retired Supreme Court judge or High Court Chief Justice).
- Some full-time members and a member-secretary.
- Part-time members depending on the specialized area of study.
Terms of Reference (22nd Law Commission)
Review/Repeal
Identify and repeal obsolete laws that have lost relevance.
Socio-Economic
Examine laws affecting the poor and audit socio-economic legislation.
Gender Equality
Promote equality by suggesting amendments to existing discriminatory laws.
Globalization
Examine impact on food security and unemployment for the marginalized.
Functions and Goals
- Legal Research: Conducts research on its own initiative (suo-motu) or through referrals.
- System Reform: Studies to improve the justice delivery system, reducing procedural delays and lowering litigation costs.
- Codification: Recommends measures for the consolidation and codification of various laws.
Note: The recommendations of the Law Commission are not binding on the government.
Post-Independence Law Commissions (List)
| Commission (Reports) | Chairman | Tenure |
|---|---|---|
| First (1-14) | Mr. M. C. Setalvad | 1955-1958 |
| Second (15-22) | Mr. Justice T. L. Venkatrama Aiyar | 1958-1961 |
| Third/Fourth (23-38) | Mr. Justice J. L. Kapur | 1961-1968 |
| Fifth (39-44) | Mr. K. V. K. Sundaram | 1968-1971 |
| Sixth/Seventh (45-70) | Mr. Justice Dr. P. B. Gajendragadkar | 1971-1977 |
| Eighth (71-80) | Mr. Justice H. R. Khanna | 1977-1979 |
| Ninth (81-87) | Mr. Justice P. V. Dixit | 1979-1980 |
| Tenth (88-113) | Mr. Justice K. K. Mathew | 1981-1985 |
| Eleventh (114-131) | Mr. Justice D. A. Desai | 1985-1988 |
| Twelfth (132-143) | Mr. Justice M. P. Thakkar | 1988-1991 |
| Thirteenth (144-153) | Mr. Justice K. N. Singh | 1991-1994 |
| Fourteenth (154-156) | Mr. Justice K. J. Reddy | 1995-1997 |
| Fifteenth (157-174) | Mr. Justice B. P. Jeevan Reddy | 1997-2000 |
| Sixteenth (175-185) | M. Jagannadha Rao / Jeevan Reddy | 2000-2003 |
| Seventeenth (186-201) | Mr. Justice M. Jagannadha Rao | 2003-2006 |
| Eighteenth (202-234) | Dr. Justice AR. Lakshmanan | 2007-2009 |
| Nineteenth (235-243) | Mr. Justice P. V. Reddi | 2009-2012 |
| Twentieth (244-262) | Justice A. P. Shah / D. K. Jain | 2013-2015 |
| Twenty-First (263-277) | Dr. Justice B.S. Chauhan | 2015-2018 |
| Twenty-Second (278-283) | Justice Ritu Raj Awasthi | 2020-2024 |
Impact and Major Legislations
Pre-Independence Successes:
Enacted: Religious Endowments Act (1863), Carriers Act (1865), Indian Companies Act (1866), Divorce Act (1869), Court Fees Act (1870), Land Acquisition Act (1870), Female Infanticide Prevention Act (1870), and CrPC (1872).
Post-Independence Achievements:
- Implementation Rate: Out of 283 reports, 92 reports have been implemented by the Government.
- Education: Right to Free & Compulsory Education Act, 2009 resulted from Report No. 165.
- Environment: National Green Tribunal Act, 2010 created from Report No. 186.
- Criminal Law: The new CrPC 1973 was the result of a comprehensive 41st report (1969) and several supporting reports.
- Electoral Reforms: Reports 244 & 255 suggested strengthening the Election Commission for greater autonomy.
- Repeal: Approximately 1500 core Acts were repealed following recommendations from reports 248-251.
Conclusion
The Law Commission has significantly influenced India's legal landscape. By helping draft new laws and amending outdated ones, it ensures a fair, efficient, and evolving legal framework that serves the needs of all citizens effectively across changing times.
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