Govt constitutes 23rd Law Commission

• President Droupadi Murmu has sanctioned the constitution of 23rd Law Commission of India for a period of three years from September 1, 2024 to August 31, 2027.

• Once it is constituted, the government initiates the process of appointing its chief and members.

• On August 31, the term of the 22nd Law Commission, which was without a chairperson for the past few months, ended with its key report on the UCC still in the works.

• Justice (retd) Ritu Raj Awasthi, who headed the 22nd Law Commission, was appointed a member of the anti-corruption watchdog Lokpal a few months ago.

• The report prepared by the law panel on simultaneous elections is ready and pending submission to the Ministry of Law and Justice.

What is the role of the Law Commission?

• The Law Commission is a non-statutory body. 

• The central government established the First Law Commission in 1955 with the then Attorney-General of India M. C. Setalvad as its chairman.

• The Law Commission is constituted every three years by a notification of the Ministry of Law & Justice with definite terms of reference to carry out research in the field of law.

• The Commission makes recommendations to the government (in the form of reports) as per its terms of reference. 

• The Law Commission has taken up various subjects on references made by the Department of Legal Affairs, Supreme Court and High Courts and submitted 277 reports so far. 

• It provides excellent thought provoking and vital review of the laws in India.

• The 21st Law Commission was constituted on September 1, 2015 and its term ended on August 31, 2018.

• The 22nd Law Commission was constituted for a period of three years on February 21, 2020. The Union Cabinet extended the term of the 22nd Law Commission up to August 31, 2024. 

How does the Law Commission function?

• The Commission works on projects based on the references received from the central government and/or from the Supreme Court and High Courts. 

• At times, keeping in view the importance of the subject matter, the Commission initiates study on specific subjects, suo motu.

• It shall undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.

• On receipt of references for examination, priorities are decided and preparatory work is assigned to member/member-secretary of the Commission. Depending upon the nature and scope of the topic, research, methodologies for collection of data and views are formulated keeping the scope of the proposal for reform in mind.

• Discussion at Commission meetings during this period helps not only in articulating the issues and focusing on the research but also in evolving a consensus among members of the Commission. What emerges out of this preparatory work in the Commission is a working paper outlining the problem and suggesting matters deserving consideration. 

• The Law Commission makes every effort to ensure that the widest section of people/stakeholders are consulted in formulating proposals for law reforms. In this process, the Commission takes along professional bodies and academic institutions. Seminars and workshops are organized to elicit critical opinions on proposed strategies for reform. The Law Commission, while taking initiatives in facilitating Law Reform and Rule of Law towards continuous development of the country, has made wider consultations with the stakeholders.

• Once the data and views/suggestions are assimilated, the Commission evaluates them and the information is utilised for appropriate incorporation in the report. Once the report and summary are finalised, the Commission may decide to prepare a draft amendment or a new Bill which may be appended to its report. Thereafter, the final report is submitted to the central government for consideration.

• The reports of the Law Commission are laid in Parliament from time to time by the Department of Legal Affairs and forwarded to the concerned administrative departments/ministries for implementation. They are acted upon by concerned departments/ministries depending on the government’s decision. Invariably, the reports are cited in courts, Parliamentary Standing Committees, in academic and public discourses.