Law Commission (What is it?)
- The Law Commission of India is a non-statutory and non-constitutional advisory body constituted by the Government of India.
- It examines existing laws and recommends legal reforms, repeal of obsolete laws and development of new legislation.
- Its recommendations are presented through reports to the Government.
- The Commission’s recommendations are advisory and not binding on the Government.
Key Functions (What does it do?)
1. Review of Existing Laws:
- Examines laws to identify:
- inconsistencies;
- obsolete provisions;
- gaps;
- unnecessary legislation.
2. Recommend Legal Reforms:
- Suggests amendments to existing laws or enactment of new legislation.
3. Promote Legal Clarity:
- Studies judicial decisions and emerging legal issues to recommend improvements in the legal framework.
4. Address Emerging Issues:
- Can examine contemporary legal and constitutional questions referred to it by the Government.
5. Law Codification & Simplification:
- Contributes to making laws more coherent, accessible and responsive to changing social conditions.
Composition & Appointment
- The Law Commission is constituted by the Government of India through an executive order/resolution.
- Its composition can vary between different Commissions.
- It generally includes:
- a Chairperson;
- members with legal expertise;
- ex-officio members, where provided;
- a Member-Secretary.
Important Features
| Feature | Law Commission |
| Constitutional body | No |
| Statutory body | No |
| Nature | Advisory |
| Constituted by | Government of India |
| Main function | Review and recommend legal reforms |
| Reports binding | No |
| Primary output | Reports & recommendations |
Important Law Commission Reports
229th Report (2009)
- Proposed restructuring of the Supreme Court.
- Recommended a Constitution Bench in Delhi and regional Benches for ordinary appellate matters.
- Relevant to debates on separating constitutional adjudication from routine appellate workload.
275th Report (2018)
- Examined issues relating to custodial crimes and accountability.
277th Report (2018)
- Examined wrongful prosecution and compensation mechanisms.
Conclusion
The Law Commission functions as an independent advisory mechanism for systematic review of India’s legal framework, helping the Government identify areas requiring reform, simplification, codification and modernisation
| This Concept has been Elaborately Discussed in the following Article: A Court divided by its own architecture |