Law Commission of India

• The Law Commission of India is a non-statutory advisory body established by the Central Government for a fixed tenure.
• Its function is to recommend legislative measures for the consolidation and codification of laws.
• Its recommendations are not binding on the government.

Historical Background

• During British rule, four Law Commissions were established in the 19th century.
• They enriched the Indian Statute Book.
• They suggested various legislations based on English laws adapted to Indian conditions.
• Examples include:
  • The Indian Penal Code
  • Criminal Procedure Code
  • Civil Procedure Code
  • Indian Contract Act
  • Indian Evidence Act
  • Transfer of Property Act

Table 70.1: Pre-independence Law Commissions

Name	Establishment Year	Chairman
First Law Commission	1834	Lord Macaulay
Second Law Commission	1853	Sir John Romilly
Third Law Commission	1861	Sir John Romilly
Fourth Law Commission	1879	Dr Whitney Stokes

Commissions Constituted So Far

• Post-Independence, the Constitution of India with Fundamental Rights and Directive Principles of State Policy, influenced law reform.
• Article 372 states pre-Constitution laws remain in force until amended or repealed.
• Demands arose for a new Law Commission to revise outdated laws.
• The First Law Commission of independent India was established in 1955, headed by MC Setalvad. Its term was three years.
• Since 1955, twenty-one more Law Commissions have been constituted, each with a three-year term and with different terms of reference.

Table 70.2: Law Commissions Appointed so far

Law Commission	Duration	Chairman
First	1955-1958	M C Setalvad, Former Attorney-General of India
Second	1958-1961	Justice T V Venkatarama Aiyar
Third	1961-1964	Justice J L Kapur
Fourth	1964-1968	Justice J L Kapur
Fifth	1968-1971	K.V.K. Sundaram, I.C.S.
Sixth	1971-1974	Justice P B Gajendragadkar
Seventh	1974-1977	Justice P B Gajendragadkar
Eighth	1977-1979	Justice H R Khanna
Ninth	1979-1980	Justice P V Dixit
Tenth	1981-1985	Justice K K Mathew
Eleventh	1985-1988	Justice D A Desai
Twelfth	1988-1991	Justice M P Thakkar
Thirteenth	1991-1994	Justice K N Singh
Fourteenth	1995-1997	Justice K Jayachandra Reddy
Fifteenth	1997-2000	Justice B P Jeevan Reddy
Sixteenth	2000-2003	Justice B P Jeevan Reddy (2000-2001), Justice M Jagannadha Rao (2002-2003)
Seventeenth	2003-2006	Justice M Jagannadha Rao
Eighteenth	2006-2009	Justice A R Lakshmanan
Nineteenth	2009-2012	Justice P Venkatarama Reddy
Twentieth	2012-2015	Justice D K Jain (2012-2013), Justice A P Shah (2013-2015)
Twenty-First	2015-2018	Justice B S Chauhan
Twenty-Second	2020-2024	Justice Ritu Raj Awasthi

Composition

• The composition of the Commission varies.

• Generally it includes:

  • A Chairman
  • Full-time members
  • A member-secretary
  • Part-time members

• The Chairman and full-time members are either serving or retired judges of the Supreme Court or High Courts, or legal experts, jurists, or law professors.

• The Member-Secretary is from the Indian Legal Service, holding the rank of Additional Secretary or Secretary to the Government of India.

• Part-time members are eminent members of the bar, academic scholars, or persons with specialized knowledge in a particular branch of law.

• The Commission has a regular staff of research personnel and secretarial staff.

Functions

• Functions of the Commission:
  1. Identify laws no longer needed or relevant for repeal.
  2. Examine existing laws in light of Directive Principles of State Policy; suggest improvements, reforms, and legislations to implement these principles and attain the objectives of the Preamble.
  3. Convey views to the Government on legal and judicial administration subjects.
  4. Consider research requests from foreign countries referred by the Government.
  5. Take measures to harness law and legal processes for the service of the poor.
  6. Revise Central Acts of general importance to simplify them and remove anomalies, ambiguities, and inequities.

Working

• The Commission's working stages:
  1. Projects are initiated in meetings.
  2. Priorities are discussed, topics identified, and preparatory work assigned.
  3. Data collection and research methodologies are adopted.
  4. A working paper outlining the problem and suggesting reforms emerges.
  5. This paper is circulated to the public and concerned groups for feedback.
  6. Responses are evaluated and organized for incorporation in the report.
  7. The report is closely scrutinized in meetings for finalization.
  8. The final report is forwarded to the Government (Ministry of Law and Justice).
• The Ministry of Law and Justice considers reports in consultation with concerned administrative ministries and submits them to Parliament.
• The Commission has submitted 277 reports.

Role

• The role of the Commission:
  1. The Government benefits from recommendations from a specialized body.
  2. The Commission researches and reviews existing laws for reforms and new legislations.
  3. It studies and researches reforms in justice delivery systems for efficiency.
  4. Various Commissions have contributed to the progressive development and codification of the law of the country.

Table 70.3: Reports submitted by the 21st Law Commission of India (2015-2018)

Report No.	Year of Submission	Subject of the Report
263	2016	The Protection of Children (Inter-Country Removal and Retention) Bill, 2016
264	2017	The Criminal Law (Amendment) Bill, 2017 (Provisions dealing with Food Adulteration)
265	2017	Prospects of Exempting Income Arising out of Maintenance Money of Minor
266	2017	The Advocates Act, 1961 (Regulation of Legal Profession)
267	2017	The Hate Speech
268	2017	Amendments to Criminal Procedure Code, 1973- Provisions Relating to Bail
269	2017	Transportation and House Keeping of Egg Laying Hens (Layers) and Broiler Chickens
270	2017	Compulsory Registration of Marriages
271	2017	Human DNA Profiling – A Draft Bill for the Use and Regulation of DNA Based Technology
272	2017	Assessment of Statutory Framework of Tribunals in India
273	2017	Implementation of 'United Nations Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment' Through Legislation
274	2018	Review of the Contempt of Courts Act, 1971
275	2018	Legal Framework: BCCI vis-a-vis Right to Information Act, 2005
276	2018	Legal Framework: Gambling and Sports Betting Including in Cricket in India
277	2018	Wrongful Prosecution (Miscarriage of Justice): Legal Remedies