Law Commission of India

• Government has informed Supreme Court that appointment of the Chairperson and Members of 22nd Law Commission of India is under progress.
• It was constituted by the Government on February 21, 2020.
• But, no progress has been made in the appointments till date.

Issue:

• The short affidavit filed in court by Law Ministry does not explain the reasons for the day, but merely states that “Government is presently seized of the matter regarding the appointment of Chairperson and Members of the Law Commission”.
• The affidavit was filed in response to a petition filed by an advocate who is now accused of malignancy by Government.
• Government invoked the ‘doctrine of separation of power’ meaning that one arm of governance should not encroach into that of another.

Law commission of India:

• An executive body established by an order of the Government of India. Its major function is to work for legal reforms.
• It is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
• Its membership primarily Comprises Legal Experts.
• Composition: A full-time chairperson (retired Supreme Court judge or Chief Justice of a High Court ) + 4 full-time members(including a member-secretary).
• Ex-officio members- Law and Legislative Secretaries in the Law Ministry.

Historical Background:

• Pre-Independence:

• Law Commissions were constituted by the Government from time to time since the beginning of 19th Century.

• They were empowered to recommend legislative reforms to clarify, consolidate and codify particular branches of law.

• 1st Law Commission - 1834 (By Charter Act of 1833 ) - Chairman Lord Macaulay - provided for codification of the Penal Code and the Criminal Procedure Code.

• Since then many Law Commissions were constituted and many reforms were carried out.

• Post-Independence:

• Constitution allowed the continuation of pre-Constitution Laws under Article 372 until they are amended or repealed immediately after

• 21 Law Commissions have been appointed so far each with a three-year term.

• First Law Commission of Independent India - 1955 -Chairman: Mr M. C. Setalvad.

• Functions:

• It undertakes research in law and review of existing laws in India for making reforms therein and enacting a new legislation.

• Does studies and research for bringing reforms in the justice delivery systems for avoiding delay in procedures, facilitating speedy disposal of cases, reducing cost of litigation etc.

• Reviewing laws which are have now become obsolete.

• Examining the Laws which affect the poor and carries out post-audit for socio-economic legislations.

• Suggesting new laws to implement Directive Principles and e objectives set out in the Preamble of the Constitution.

• Examine the impact of globalization on food security, unemployment and recommend measures for the same.

• Preparing and submitting reports on all issues, matters, studies and research undertaken by it and recommending measures.

• Recommendations not binding on the government.