Law Commission of India

The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.

The last chairman of the Law Commission was retired Supreme Court judge Justice B. S. Chauhan, who completed his tenure on 31 August 2018.

[2][3] The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company, which was granted royal charters and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the company exercised control.

In order to improve the law-and-order situation and also to ensure uniformity of legal administration, various options were looked for.

Until then the British government had been passing various enactments to deal with particular situations, such as the Prohibition of Sati in (1829) by Lord William Bentinck under the influence of Raja Ram Mohan Roy.

However, it was for the first time in (1833) that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul was instituted.

(ii) Identify laws which are not in harmony with the existing climate of economic liberalization and need change.

(iv) Consider in a wider perspective the suggestions for revision/amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonising them.

(vi) Suggest suitable measures for quick redressal of citizens grievances, in the field of law.

C. Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: (i) elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decisions should be just and fair.

(ii) simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice.

E. Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto.

F. Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities.

G. Recommend to the Government measure for making the statute book up to date by repealing obsolete laws and enactments or parts thereof which have outlived their utility.

Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law & Justice (Department of Legal Affairs).

Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.

The Law Ministry had urged the commission to study the usage of the provisions of Section 124A (Sedition) of the IPC.

Former Supreme Court judge Balbir Singh Chauhan was appointed chairman of the 21st Law Commission.

Justice Ravi R. Tripathi, retired judge of the Gujarat High Court was appointed as Full-time Member.

[22] On 10 June 2016, Satya Pal Jain, Additional Solicitor General of India, was appointed as part-time member of the commission.

[23] The Twenty-Second Law Commission was constituted for a period of three years on 21 February 2020 and its chairperson, Justice Rituraj Awasthi (retd), assumed office on 9 November 2022.

The permanent members of the commission generally are responsible for framing the exact topic and reference to work upon and often takes the services of eminent law experts and jurists who are familiar with the matter under review.

[citation needed] In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.

[citation needed]The Commission reviews judicial administration to ensure that it is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost-effective without sacrificing the cardinal principle that they are just and fair.

The power vested in the commission to suo motu take up matters for discussion and submit recommendations has also worked well to the advantage of India's legal system.

[citation needed] Further, the commission has been often returned to review its earlier reports in the wake of changed scenarios and the aptness of law in such situations.

[citation needed] Euthanasia and related issues, in particular, has been one such area where the commission has been relook the situation at least three times, with the latest being its 196th report on the topic.

[citation needed] Besides the Law Ministry, the commission has also been requested to work upon specific issues and submit its views by the Supreme Court on various occasions.

The report stirred a public debate in India for recommending inter alia, a reduction in marriage age of boys to be at par with girls at 18, instead of the long continuing 21 and 18 respectively.

[citation needed] The fact that a number of its reports have been taken receptively by the various ministries and have been worked upon to change the legal scenario, is itself a sufficient indicator of the role of the commission in furtherance of law reform in India.