Law Commission of India

Context:

The Centre notified the constitution of the 23rd Law Commission

Law Commission of India:

• Status – Neither a constitutional body nor a statutory body
• An executive body established by an order of the Government of India.
• Objective – To work for legal reforms in the country, as an advisory body to the Ministry of Law and Justice.
• Established for a fixed tenure
• Membership – Primarily comprises legal experts.
• The executive orders that constitute the Law Commissions also specify their scope and purpose, and thus these fluctuate periodically.
• So far, 23 Law Commissions have been constituted, each with a 3-year term and with certain terms of reference.
• The Union Cabinet, however, extended the term of 22^nd Law Commission up to August 31, 2024.
• Recommendations of the commission are not binding on the government.
• History – The 1^st such Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code and the Criminal Procedure Code.
• Post-Independence Scenario – Government of India established the 1^st Law Commission of Independent India in 1955 with M. C. Setalvad, as its Chairman.

Functions of the Commission:

• Review/Repeal of Obsolete Laws – Identifies and recommends the repeal of outdated and unnecessary laws.
• New Legislation – Suggests new laws to implement Directive Principles and achieve the objectives of the Constitution’s Preamble.
• Provides views on legal and judicial matters referred by the Government through the Ministry of Law and Justice.
• Research – Considers requests for research from foreign countries as referred by the Government.
• Examines existing laws to promote gender equality and suggests necessary amendments.
• Prepares and submits reports to the Central Government on various issues, studies, and research, recommending effective measures.
• Additional Functions – Performs other functions assigned by the Central Government.
• Consultation Process – The Commission consults with nodal Ministries/Departments and other stakeholders before finalizing its recommendations.

Source: The Hindu

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Previous Year Question

Consider the following organizations/ bodies in India:
1. The National Commission for Backward Classes
2. The National Human Rights Commission
3. The National Law Commission
4. The National Consumer Disputes Redressal Commission
How many of the above are constitutional bodies?

[UPSC Civil Service Exam – 2023 Prelims]

(a) Only one
(b) Only two
(c) Only three
(d) All four

Answer: (a)

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