Law Commission of India
Last Updated :
21 Feb, 2024
Law Commission of India: Law reform has always been a process in Indian history, and this is what the Law Commission of India seeks to achieve. Before the 1830s, when customary law and religious doctrines held sway, the evolution of legal systems proceeded organically, largely unconstrained by formalized institutions. However, during the third decade of the 19th century, a pivotal shift occurred as governments established dedicated Law Commissions tasked with systematically evaluating and proposing necessary legal reforms. This marked a transition from ad hoc developments to a more structured and deliberate approach to lawmaking.
Law Commission
|
Year
|
Chairman
|
Reports
|
1st
|
1955
|
M.C. Setalvad
|
1 – 14
|
2nd
|
1958
|
T.V. Venkatarama Aiyar
|
15 – 22
|
3rd
|
1961
|
J.L. Kapur
|
23 – 28
|
4th
|
1964
|
J.L. Kapur
|
29 – 38
|
5th
|
1968
|
V.K. Sundaram
|
39 – 44
|
6th
|
1971
|
P.B. Gajendragadkar
|
45 – 61
|
7th
|
1974
|
P.B. Gajendragadkar
|
62 – 70
|
8th
|
1977
|
H.R. Khanna
|
71 – 80
|
9th
|
1980
|
P.V. Dixit
|
81 – 87
|
10th
|
1983
|
K.K. Mathew
|
88 – 113
|
11th
|
1986
|
D.A. Desai
|
114 – 131
|
12th
|
1989
|
Manharlal Pranlal Thakkar
|
132 – 143
|
13th
|
1992
|
N.K. Singh
|
144 – 153
|
14th
|
1995
|
K. Jayachandra Reddy
|
154 – 156
|
15th
|
1998
|
B.P. Jeevan Reddy
|
157 – 174
|
16th
|
2001
|
B.P. Jeevan Reddy
|
175 – 185
|
17th
|
2004
|
M. Jagannadha Rao
|
186 – 201
|
18th
|
2007
|
A.R. Lakshmanan
|
202 – 234
|
19th
|
2010
|
P.V. Reddi
|
235 – 243
|
20th
|
2013
|
D.K. Jain
|
244 – 262
|
21st
|
2016
|
Balbir Singh Chauhan
|
263 – 277
|
22nd
|
2019
|
Rituraj Awasthi
|
278 – 281
|
What is the Law Commission of India?
The Law Commission of India was founded by the Indian government as a non-statutory organisation to advise it on any legal matters that could occasionally arise. The commission was established in 1955 and is reconstituted every three years. The 21st Law Commission of India ran until August 31, 2018, with notification of the 22nd Law Commission being released on February 24, 2020. It serves as the advisory body for the Ministry of Law and Justice. With the Charter Act of 1833, the East India Company, acting on Lord Macaulay’s orders, created the first Law Commission in India during the colonial era. In 1955, India created its first independent Law Commission. The First Attorney General of India, Mr. M. C. Setalvad, presided over this panel.
Law Commission History
India’s Law Commissions date back to a time before independence. Under TB Macaulay’s direction, the first Law Commission was established in 1834 as a result of the Charter Act of 1833:
- The Criminal Procedure Code and the Indian Penal Code were codified as a result of the first commission’s recommendations.
- The Brits had established three more law commissions prior to independence. The contribution of the four pre-independent law commissions to the statute books has been substantial.
- In keeping with the history of using law commissions to introduce legal reforms into the nation, the first Law Commission was established in 1955, following the nation’s independence.
- It provided the government with 14 reports.
Law Commission Members
The Law Commission will consist of:
- A Chairperson
- A member-secretary and three other members
- Secretary (Department of Legal Affairs as ex-officio Member)
- Secretary (Legislative Department as ex officio Member)
- Part-time Members (Not more than five).
Law Commission Functions
The Law Commission performs a variety of duties, such as:
- The Law Commission suggests doing away with unneeded and out-of-date legislation that is no longer in effect.
- The Commission looks into how laws affect the underprivileged and disadvantaged groups in society. It conducts post-audits on socioeconomic laws.
- In order to put the Directive Principles of State Policy into effect, the Law Commission suggests passing new laws. It guarantees the accomplishment of the goals outlined in the Constitution’s Preamble.
- The Commission offers its opinions on legal and judicial administration-related issues that the Government has referred to it.
- International nations seeking legal research assistance might turn to the Law Commission. It disseminates its knowledge and experience to advance global collaboration.
- The Commission looks at current legislation from the standpoint of gender equality. It makes changes to get rid of gender prejudice.
- The Commission researches how globalization affects marginalized populations’ interests, joblessness, and food security. It suggests actions to lessen negative consequences and safeguard groups that are susceptible.
- The Central Government receives reports on studies, research, and suggestions from the Law Commission.
- The Central Government may delegate additional tasks to the Law Commission.
21st Law Commission of India
The most recent Indian Law Commission to be established was the 21st. It was in place from 2015 till 2018. Balbir Singh Chauhan, a former Supreme Court judge, served as the chairman. It provided the government with fifteen reports. Report No. 277, “Wrongful Prosecution (Miscarriage of Justice): Legal Remedies,” was the most recent report.
The panel also filed other findings covering a range of topics, including hate speech, human DNA profiling, reviews of contempt of court, marriage registration requirements, BCCI, sports betting, etc.
Law Commission of India Reports
The Indian Law Commission so far has produced 277 reports on a range of topics, some of the most recent ones are as follows:
- Report No. 277: Legal Remedies for Wrongful Prosecution (Miscarriage of Justice)
- Report No. 276: Legal Framework: Sports Betting and Gambling in India, Including Cricket
- Legal Framework: BCCI in Relation to the Right to Information Act of 2005 (Report No. 275).
- Report No. 274: Examination of the 1971 Contempt of Courts Act
- Implementation of the United Nations Convention against Torture, Report No. 273
- Report No. 272: Evaluation of Indian Statutory Frameworks for Tribunals
- Report No. 271: Human DNA Profiling Report No. 270: Mandatory Marriage Registration
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Conclusion
An order from the Indian government established the now-defunct Law Commission of India. The Commission’s responsibilities include study and legal reform advice to the Indian government. A retired judge heads it and consists of legal experts.
In a time of globalization and rapidly changing societies, the Law Commission finds laws that need to be changed and those that are out of step with the current situation. It makes appropriate recommendations for the prompt resolution of citizens’ complaints in the legal system and does everything required to ensure that those in need gain from the legal system. Its relevance has increased in the last few years.
FAQs
1. Who served as the First Chairman of the Law Commission of India?
Sri. MC Setalvad served as the First Chairman of the Law Commission of India.
2. When was the First Law Commission of India founded?
The Government of India founded the First Law Commission of India in 1995.
3. Who is the 21st Law Commission’s Chairman?
Balbir Singh Chauhan, a former Supreme Court judge was chairman of the 21st Law Commission’s Chairman.
4. In which year was the 22nd Law Commission established?
On February 23, 2020, the 22nd Law Commission was announced.
5. Is the Law Commission a statutory body?
No, the Law Commission is not a statutory body. It is an executive body.
6. Who wrote the Indian Penal Code?
On the First Law Commission’s recommendations, the Indian Penal Code was drafted in 1860. Under Lord Macaulay’s direction, the Commission produced the draft.
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