About LAW COMMISSION OF INDIA
The Law Commission of India is a non-statutory, advisory body constituted periodically by the Union Government to examine existing laws, recommend reforms and strengthen justice, governance and constitutional objectives.
Constitutional and Legal Status
- Non-statutory body: The Law Commission is not established under the Constitution or by an Act of Parliament; it is constituted by an executive order of the Union Government for a specified term.
- Periodic institution: Commissions are generally constituted for three years with specific Terms of Reference (ToR).
- Origin: The institutional history dates back to the Charter Act, 1833, which provided for a Law Commission for consolidation and codification of Indian laws.
- Post-Independence: The First Law Commission of independent India was established in 1955, headed by M.C. Setalvad.
- Current status: The 23rd Law Commission was constituted with effect from 1 September 2024 for three years, continuing until 2027.
Composition
The usual composition includes:
- Full-time Chairperson.
- Four full-time Members, including the Member-Secretary.
- Secretary, Department of Legal Affairs as an ex-officio member.
- Secretary, Legislative Department as an ex-officio member.
- Not more than five part-time Members.
Major Functions / Terms of Reference
1. Review and repeal of obsolete laws
- It identifies obsolete, redundant and unnecessary laws and recommends their repeal.
- It also examines laws that require amendment because they are inconsistent with contemporary socio-economic requirements.
2. Codification and simplification
- It recommends consolidation and rationalisation of laws to eliminate ambiguities, inconsistencies, anomalies and inequities.
- It can recommend simplification of legal language and procedures.
3. Judicial administration
- It examines the judicial system to make it more responsive to contemporary needs.
- The 23rd Commission’s mandate specifically includes reducing delays and arrears, lowering litigation costs and simplifying court procedures.
4. Constitutional objectives
- It examines existing laws in the light of the Directive Principles of State Policy (DPSPs) and the objectives contained in the Preamble.
- It can recommend legislation necessary for achieving constitutional and social objectives.
5. Social and economic justice
- It examines laws affecting the poor and marginalised sections and undertakes post-legislative assessment of socio-economic legislation.
- It also considers issues relating to gender equality and recommends appropriate legal reforms.
6. Reference-based and suo motu studies
- It undertakes studies on subjects referred by the Central Government and, where applicable, matters referred by the Supreme Court or High Courts.
- It may also initiate studies suo motu on issues falling within its Terms of Reference.
Key Features
| Feature | Explanation |
| Non-statutory | Created through executive action rather than an Act of Parliament. |
| Advisory | Its recommendations are not binding on the Government. |
| Periodic | Normally constituted for a specified three-year period. |
| Expert-driven | Comprises legal experts, judges and other members with relevant expertise. |
| Research-oriented | Undertakes detailed legal research, consultations and comparative analysis. |
| Reform-oriented | Focuses on updating laws according to changing social, economic and technological conditions. |
| Consultative | Consults ministries, departments and other stakeholders before finalising recommendations. |
| Flexible mandate | Its specific Terms of Reference can change from one Commission to another. |
Conclusion
The Law Commission acts as a bridge between law, society and constitutional governance, enabling evidence-based reform, legal modernisation and greater access to justice while informing legislative decision-making.
| This Concept Has Been Covered In This Article: Uniform Civil Code — Constitutional Balance between Equality and Diversity |