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The Law Commission is neither a constitutional body nor a statutory body. It was established by order of the Government of India. The First Law Commission of India was incorporated in 1955. It is an executive body that works on legal reforms. The commission is established for a fixed period and works as an advisory body to the Ministry of Law and Justice. Its members include legal experts. It is an essential part of the UPSC polity and governance segments.
History of Law Commission of India
Law reform has been a non-stop process, specifically at different points in Indian history. When religious and established law occupied the subject in the earliest period, the reform manner had been ad hoc and not regulated through duly constituted law reform agencies.
However, after the 19th century, the law commission, which was constituted by the authorities from time to time, had been empowered to put forth legislative reforms to clarify, consolidate, and classify unique divisions of regulation where the Indian authorities felt the necessity for it.
First Law Commission of India
In conducting the authority conferred by Section 53 of the Charter Act of 1833, the first law commission was appointed in India in 1834. It had Lord T.B. Manually as chairman and four members, namely, J.M. Macleod, C.H. Cameron G.W. Anderson, and F. Millet.
The law commission met in India in 1834 for the first time. The constitution placed the first law commission under the management of the Governor-General-in-Council, which set on from time to time the body, upon which the commission shall start to work and put forth reports.
The 2nd, 3rd and 4th law commissions were established in 1853, 1861, and 1879, respectively. They contributed to enriching the Indian statute book with various rules across 50 years.
The Indian Contract Act, the Indian Code of Civil procedure, the Transfer of Property Act, the Indian Evidence Act, etc., are products of India’s first four law commissions.
Post-Independence Developments
After independence, the constitution continued with pre-constitution laws under Article 372 until they had been repealed or amended.
The parliament established a central law commission to serve the country’s changing needs. The first law commission of independent India was established in 1955 with M.C. Setalvad, Attorney General of India, as its chairman. Since then, 21 law commissions have been appointed, each with a three-year term.
Functions of the Law Commission
On occasion, made to it by way of the Central authorities or Suo-Motu, the law commission evaluates India’s laws and current legal guidelines for enacting new rules and making reforms.
It also accepts studies and looks to reform the justice delivery structures to eradicate prolonging legal trials, rapid disposal of cases, decrease litigation costs, etc.
Other Functions of the Law Commission
- Review/repeal obsolete laws: Identifying regulations that are not applicable anymore and recommending a repeal of outdated and pointless enactments.
- Law and poverty: Evaluating laws that affect the economically backward society and post-audits for socio-economic legislation. Suggesting the enactment of new rules can also be essential to introducing the Directive Principles and attaining the objectives set out in the Preamble of the constitution.
- Judicial administration: Conveying its views to the authorities on judicial and law administration. The government may share these views with the Ministry of Law and Justice.
- Research: Legal experts research various legal reforms.
- Examine current regulations to upgrade gender equality and suggest amendments to that.
- Submitting reviews on all matters, issues and research and recommending reviews to the Central Government from time to time.
Reports of Law Commission
The law commission of India has presented reports on a variety of matters. Some state-of-the-art reviews are:
- Report No. 274 – Review of the Contempt of Courts Act, 1971
- Report No. 275 – Legal Framework: BCCI vis-à-vis Right to Information Act,2005
- Report No. 276 – Legal Framework: Bet and Gambling in Sports
- Report No. 277 – Wrongful Prosecution
Conclusion
In an era of globalisation and a continuously evolving society, the law commission studies laws with the present climate in mind. It proposes appropriate measures to quickly redress citizens’ grievances and takes all necessary steps to help the backward society. Its existence has become even more important in recent times.
