Law Commission of India
Description
Law Commission of India
Description:
The
23rd Law Commission of India has been officially constituted by the
Union Government, with its term beginning on September 1, 2024. This
commission will function for a term of three years.
About Law Commission of India
- The Law Commission of India is a non-statutory
body established by the Union Ministry of Law and Justice.
- Its primary role is to assist the government
in reviewing the country’s legal framework, identifying obsolete laws for
repeal, and making recommendations for legislative reforms.
- Typically chaired by a retired judge of the
Supreme Court or High Court, the commission includes legal experts
and occasionally serving judges.
- The first Law
Commission was established in 1955, with M.C. Setalvad as its chairperson, who was the
first Attorney General of India.
- Since Independence, the Law Commission has
played a crucial role in shaping important legislations such as the Code of
Criminal Procedure, 1973 and the Right of Children to Free and
Compulsory Education Act, 2009.
- The Commission
examines existing laws in light of the Directive Principles of State Policy, recommending
amendments to ensure that laws align with constitutional values and the
socio-economic needs of the country.
- While the Law
Commission's recommendations are not binding, they play an important advisory role.
Many of its proposals have influenced major laws like the Code of
Criminal Procedure, 1973, and the Right to
Education Act, 2009.
Constitution of the 23rd Law
Commission
- The newly formed 23rd Law Commission
will consist of a full-time chairperson, four full-time members,
and up to five part-time members.
- It also includes the Secretaries of Legal
Affairs and Legislative Departments as ex officio members.
The term for this commission extends till August 31, 2027.
- The chairperson and members of
the 23rd Law Commission will be appointed by the Appointments Committee of
Cabinet, chaired by the Prime Minister.
Key Agenda: Uniform Civil Code and
Simultaneous Elections
- The commission's constitution comes at a
pivotal time when the government is pushing significant reforms, including the Uniform
Civil Code (UCC) and the implementation of simultaneous elections
for the Lok Sabha and state assemblies.
- These topics were prominently highlighted in Prime
Minister Narendra Modi’s Independence Day speech.
- The 23rd Law Commission will likely
focus on identifying outdated laws, simplifying legal processes, and ensuring
the legal framework aligns with economic needs and Directive
Principles of State Policy. It is also tasked with examining laws that
affect marginalized communities and conducting post-enactment audits of
socio-economic legislation.
What the 22nd Law Commission Achieved
- The 22nd Law Commission presented 11
reports, including its April 2023 report recommending the retention of
Section 124A of the Indian Penal Code (sedition law) with amendments for
clarity. This controversial recommendation was justified by citing internal
security threats such as Maoism, militancy in the Northeast, and terrorism.
Future Impact of the 23rd Law
Commission
- The 23rd Law Commission is expected to
play a key role in reforming India’s legal landscape, especially as the country
navigates pressing issues such as secularism and electoral reforms. The
outcome of its recommendations could have far-reaching impacts on India’s
socio-political framework.
