23rd Law Commission Setup
Kartavya Desk Staff
Syllabus: Polity
Source: IE
Context: The 23rd Law Commission was notified on September 2
23rd Law Commission Key Details
• Term: September 1, 2024 – August 31, 2027
• Mandate: Review laws in light of the Directive Principles of State Policy and Constitutional objectives.
• Terms of Reference: Align laws with Directive Principles and the Constitutional Preamble. Assess globalization’s impact on food security and unemployment. Recommend protections for marginalized groups. Improve judicial administration to reduce delays, simplify rules, and manage case flow.
• Align laws with Directive Principles and the Constitutional Preamble.
• Assess globalization’s impact on food security and unemployment.
• Recommend protections for marginalized groups.
• Improve judicial administration to reduce delays, simplify rules, and manage case flow.
A brief overview of the Law Commission:
Aspect | Details
About | The Law Commission of India is a non-statutory advisory body established by the Ministry of Law and Justice to conduct research and recommend legal reforms.
History | Initially formed in 1834 under Lord Macaulay, it played a crucial role in codifying major legal frameworks such as the Indian Penal Code and the Criminal Procedure Code. Post-independence, the first Law Commission of Independent India was set up in 1955, chaired by M. C. Setalvad. To date, 23 Law Commissions have been appointed, each serving a fixed three-year term, continuing the tradition of legal review and reform.
Role | Reviews laws, suggests repeals and makes recommendations on legal reforms.
Members | Includes a chairperson (retired judge or expert), four full-time members, up to five part-time members, and ex officio members (Legal Affairs and Legislative Secretaries).
Recent Findings | 22nd Commission recommended retaining Section 124A (sedition) with amendments; and suggested laws for protecting trade secrets and simultaneous elections.
Key Objectives | – Identify obsolete laws for repeal – Create SOPs for law reviews – Amend laws in line with economic needs – Evaluate laws against Directive Principles and socio-economic needs.
Important findings of various Law Commissions of India since independence:
Law Commission | Year | Finding/Recommendation
1st Law Commission | 1955 | Codification of laws and reform of the Indian Penal Code and Criminal Procedure Code.
7th Law Commission | 1988 | Recommended amendments to the Code of Civil Procedure, 1908, for improved judicial efficiency.
11th Law Commission | 1992 | Suggested reforms to the legal system to address issues of delay and pendency in courts.
15th Law Commission | 1996 | Proposed a new bill to replace the outdated Indian Contract Act, 1872.
18th Law Commission | 2000 | Recommended reforms to family law, including amendments to the Hindu Marriage Act.
21st Law Commission | 2018 | Stated that the Uniform Civil Code (UCC) was “neither necessary nor desirable” at that stage.
22nd Law Commission | 2022 | Reviewed issues related to the UCC, with a focus on its implementation and impact.
2022 | Proposed the Criminal Procedure (Identification) Act, 2022, replacing the Identification of Prisoners Act, 1920.
Key limitations of the Law Commission of India:
• Non-Binding Recommendations: Its recommendations are advisory and not legally binding.
• Limited Implementation Power: It lacks enforcement power to ensure its suggestions are adopted.
• Resource Constraints: Often operates with limited financial and human resources.
• Political Influence: Recommendations may be influenced by prevailing political considerations.
• Delay in Reports: Delays in report submission can hinder timely reforms.
• Inconsistent Follow-Up: Past recommendations are sometimes not followed up or reviewed.
• Lack of Public Engagement: Limited scope for public consultation and feedback.
• Narrow Focus: Can focus on specific issues at the expense of broader legal reforms.
• Limited Scope for Implementation: Challenges in implementing recommendations across diverse jurisdictions.
• Dependency on Government: Reliant on government action for the adoption of its proposals.
Conclusion:
To improve its effectiveness, the Law Commission of India should focus on ensuring better implementation of its recommendations, increasing public engagement, streamlining its processes, and maintaining independence from political influence. These measures will enhance its impact on legal reforms.
Insta Links:
• Extension of 22nd Law Commission