There will be formation of 23rd Law Commission of India with effect from September 1 as per union Government. The commission will have a 3 year term according to the sources.
The tenure of the previous Law Commission chaired by former Karnataka High Court Chief Justice Ritu Raj Awasthi ended on August 31.
About The Law Commission:
-The Law Commission of India is a specialized body established by the Government of India to recommend legal reforms and provide expert advice on matters related to law and justice.
-It is a non-statutory body, meaning it is constituted by an executive order of the government rather than being established by legislation.
-The Law Commission plays a crucial role in reviewing existing laws, suggesting reforms, and ensuring that Indian laws are up-to-date and in line with the needs of society.
Key Functions of the Law Commission:
–Law Reform: The primary objective of the Law Commission is to recommend reforms in the legal system. This includes revising, updating, and simplifying existing laws to make them more effective and efficient.
–Legal Research: It conducts in-depth research on complex legal issues and proposes amendments or the introduction of new laws as per contemporary requirements.
–Review of Obsolete Laws: The Commission identifies outdated laws and recommends their repeal or modification to ensure that the legal framework remains relevant.
–Harmonization of Laws: The Commission works towards harmonizing state laws with central laws, ensuring uniformity where necessary, while also respecting the federal nature of the country.
–Focus on Justice and Human Rights: The Law Commission often recommends changes to protect human rights, access to justice, and the improvement of legal procedures to ensure fairness and transparency in the justice delivery system.
Importance of the Law Commission in India:
–Legal Modernization: The Commission helps in modernizing India’s legal framework to meet the evolving social, economic, and technological changes. For example, it played a role in reforms related to personal laws, electoral reforms, and criminal justice.
–Bridging Legislative Gaps: The Commission identifies areas where legislative gaps exist and recommends new laws or amendments. This helps in addressing new challenges, such as cybercrime or environmental protection.
–Advisory Role: It provides valuable inputs to the government on legal policies and frameworks, assisting in informed decision-making. Even though the recommendations are not binding, they are highly respected and often lead to legislative changes.
–Protection of Fundamental Rights: Many of its recommendations focus on ensuring that laws align with the principles of the Constitution, particularly in safeguarding fundamental rights and promoting equality.
–Facilitation of Good Governance: By proposing legal reforms, the Law Commission contributes to the efficient functioning of the judicial system and helps reduce delays in the courts, leading to better governance and access to justice.
–Social Justice: It also plays a role in identifying legal reforms necessary for achieving social justice, whether through reforming personal laws or advocating for changes in laws related to marginalized communities.
Notable Contributions:
-The Law Commission has been instrumental in suggesting reforms in areas such as electoral laws, criminal law (like amending Section 498A IPC related to domestic violence), and the adoption of uniform civil codes.
-The Law Commission has been instrumental in suggesting reforms in areas such as electoral laws, criminal law (like amending Section 498A IPC related to domestic violence), and the adoption of uniform civil codes.
-It has contributed to the decriminalization of certain colonial-era laws and provided detailed reports on issues like death penalty reforms and anti-human trafficking laws.
-The 22 Law Commissions constituted since independence have submitted a total of 289 reports to the government. Although The government is under no obligation to accept the reports.
Constitution of the 23rd Law Commission:
1.The Law Ministry’s Legal Affairs Department notifies that the panel will have 1 full-time chairperson, 4 full-time members including 1 member-secretary, not more than 5 part-time members, and the secretaries of the Legal Affairs and Legislative departments as ex officio members. The commission’s term will be until August 31, 2027.
2. The chairperson and 4 full-time members can be serving SC or HC judges or “other category of persons”, who can in theory be any expert chosen by the government.
3.The serving judge, if appointed to the commission, serves until retirement or expiry of the panel’s term, whichever is earlier, and gets no additional remuneration apart from the usual judge’s salary.
4. In the “other” category, a chairperson is entitled to Rs.2.50 lakh as monthly salary and a member, Rs.2.25 lakh. The member-secretary must be an officer of the Indian Legal Service of the rank of Secretary.
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