Syllabus
GS Paper 2 – Statutory, regulatory and various quasi-judicial bodies.
Context
Recently, the Ministry of Law and Justice set up the 23rd Law Commission
Source
The Indian Express | Editorial dated 7th September 2024
Law Commission
The 23rd Law Commission , set up by the Ministry of Law and Justice for a three-year term (1st September 2024 to 31st August 2027), has a mandate to review laws in relation to Directive Principles of State Policy. This newly established commission will build on the work of its predecessor, the 22nd Law Commission, to recommend legal reforms aimed at improving India’s legal and judicial systems.
Mandate of the 23rd Law Commission
- Review Existing Laws: Focus on aligning laws with the Directive Principles of State Policy and the Constitutional Preamble.
- Impact of Globalisation: Study globalisation’s effect on food security and unemployment.
- Marginalised Protection: Suggest reforms to safeguard the interests of marginalised sections of society.
- Judicial Administration: Review judicial systems to enhance efficiency, reduce delays, and simplify High Court rules.
- Case Flow Management: Propose frameworks to streamline court case management.
What is the Law Commission?
- Non-Statutory Body: The Law Commission is not a statutory body but is established by the Ministry of Law and Justice through a notification.
- Advisory Role: Works to research and recommend legal reforms. Its tenure is fixed and defined.
History of the Law Commission
- First Law Commission (1834): Established under the Charter Act of 1833, chaired by Lord Macaulay.
- Recommended codification of the Indian Penal Code and Criminal Procedure Code.
- Subsequent Law Commissions: Established in 1853, 1861, and 1879.
- Developed laws like the Indian Contract Act, 1872, and the Indian Evidence Act, 1872.
- Post-Independence Law Commissions: The first Law Commission after independence was set up in 1955, led by M. C. Setalvad.
- 23 Law Commissions have been constituted since, each with a three-year term.
Functions of the Law Commission
- Review Obsolete Laws: Identify and recommend the repeal of outdated laws.
- Address Laws Impacting Poverty: Conduct post-audit reviews of socio-economic legislation affecting the poor.
- Propose New Laws: Suggest new laws to implement the Directive Principles and achieve Preamble objectives.
- Judicial Administration: Recommend improvements in judicial processes and administration to reduce delays and make courts more efficient.
- Gender Equality: Examine existing laws to promote gender equality and recommend amendments.
- Globalisation Effects: Study globalisation’s impact on areas like food security and unemployment and recommend measures for the protection of the marginalised.
- Research for Foreign Countries: Provide legal research to foreign nations when requested by the Government of India.
Important Reports by the Law Commission
- Report No. 283 (2023): On the Age of Consent under the Protection of Children from Sexual Offences Act, 2012.
- Report No. 271 (2017): Related to Human DNA Profiling.
- Report No. 273 (2017): On the Implementation of the UN Convention Against Torture.
- Report No. 274 (2018): On the Review of the Contempt of Courts Act, 1971.
Conclusion
The 23rd Law Commission will play a critical role in reviewing and suggesting reforms to India’s legal framework, ensuring laws align with the Directive Principles, respond to global challenges like unemployment, and protect vulnerable populations. It continues the legacy of past commissions by conducting research and making recommendations to improve the justice delivery system.
Related PYQ
Who are entitled to receive free legal aid? Assess the role of the National Legal Services Authority (NALSA) in rendering free legal aid in India. [ UPSC Civil Services Exam – Mains 2023]
Practice Question
Examine the role of the Law Commission in ensuring legal reforms in India. How does the 23rd Law Commission plan to address contemporary challenges? [150 words]
Guidelines to Answer
- Introduction:
- Start by briefly introducing the Law Commission as a non-statutory advisory body responsible for legal reforms in India.
- Mention the history of its formation and its significance in reviewing outdated laws and recommending reforms.
- Body:
- Discuss the Law Commission’s mandate to review existing laws, repeal obsolete ones, and propose new laws to meet constitutional objectives.
- Highlight its contribution to significant laws, such as the Indian Penal Code and Indian Evidence Act.
- Emphasize the Commission’s new mandate to examine laws in relation to the Directive Principles and global challenges like food security and unemployment.
- Discuss its focus on improving judicial administration by reducing delays and simplifying procedures, particularly in the High Courts.
- Conclusion:
- Summarize the Law Commission’s pivotal role in modernizing India’s legal framework.