Recently, the Ministry of Law and Justice has constituted the 23rd Law Commission for a period of three years from 1st September 2024 to 31st August 2027.
Key details about the 23rd Law Commission:
Mandate:
As per the terms of reference of the 22nd Law Commission constituted in 2020, the newly constituted panel has been tasked to assess the existing laws in the light of the Directive Principles of State Policy.
Terms of Reference:
To examine the existing laws about Directive Principles of State Policy and to suggest reforms in line with the objectives of the Directive Principles and the Constitutional Preamble.
Examining the impact of globalization on food security and unemployment.
Recommend measures to protect the interests of the marginalized.
Review and improve judicial administration to make it more accountable and efficient.
It aims to reduce delays, simplify High Court rules and establish a case flow management framework.
Law Commission:
It is a non-statutory body constituted to undertake research in the field of law for legal reforms through a notification of the Ministry of Law and Justice, Government of India.
The Law Commission is set up for a fixed term and acts as an advisory body to the Ministry of Law and Justice.
History of the Law Commission:
The first Law Commission was established under the Charter Act, 1833 in the year 1834 under the chairmanship of Lord Macaulay.
It recommended the codification of the Indian Penal Code and the Code of Criminal Procedure.
The second, third and fourth Law Commissions were set up in 1853, 1861 and 1879 respectively.
The Indian Code of Civil Procedure, 1908, the Indian Contract Act, 1872, the Indian Evidence Act, 1872 and the Transfer of Property Act, 1882 were created by the first four Law Commissions.
Constitution of Law Commission after Independence:
The Government of India established the first Law Commission of Independent India in the year 1955 with Shri M.C. Setalvad, the then Attorney General of India, as its chairman.
Since then, 23 Law Commissions have been constituted, each with a tenure of three years.
Functions of the Law Commission:
Review / Repeal of laws:
Identify obsolete and irrelevant laws and recommend their repeal.
The Law and Poverty:
To examine laws affecting the poor and to conduct post-audit of socio-economic legislation.
Proposals for new laws:
Implement the Directive Principles and propose new laws to achieve the objectives of the Preamble.
Judicial Administration:
To review and make recommendations on issues of law and judicial administration referred to it by the Government.
The important reports:
The Law Commission of India has so far submitted 289 reports on various issues, some of the important reports are as follows:
Report No.283 (September 2023) Age of consent under the Protection of Children from Sexual Offences Act, 2012.
Report No.271 (July 2017) of human DNA profiling.
Report No.273 (October 2017) Implementation of the UN Convention against Torture.
Report No. 274 (April 2018) Review of the Contempt of Courts Act, 1971
