The Law Commission of India is an executive body established by an order of the Government of India. The commission's function is to research and advise the government on legal reform, and is composed of legal experts, and headed by a retired judge. The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.

Quick Facts Formation, Type ...

Law Commission of India

Formation	First time in 1834; (Current in 2022)
Type	Agency of Government of India
Legal status	Ad hoc, term based
Purpose	Law Reform in India
Headquarters	New Delhi
Location	2nd & 4th Floor, "B" Wing, Lok Nayak Bhawan, Khan Market, New Delhi- 110003.
Membership	Chairman, 1 Permanent Member, 1 Member Secretary, 2 Part-time Members, 2 ex-officio members
Chairman	Justice Ritu Raj Awasthi (22nd Law Commission)
Full-time Member	Justice KT Shankaran, Prof. (Dr.) Anand Paliwal, Prof DP Verma
Part-time Members	Prof Raka Arya, Adv. Karanuanithi
Website	www.lawcommissionofindia.nic.in

Close

The first Law Commission was established during colonial rule in India by the East India Company under the Charter Act of 1833 and was presided over by Lord Macaulay. After that, three more commissions were established in British India. The first Law Commission of independent India was established in 1955 for a three-year term. Since then, twenty-one more commissions have been established. The last chairman of the Law Commission was retired Supreme Court judge Justice B.S. Chauhan, who completed his tenure on 31 August 2018. Subsequently, the commission has not been reconstituted. In February 2020, the Government of India announced its intention to reconstitute the commission, and the Supreme Court of India is currently hearing a petition challenging the delay in appointing members to the 22nd Law Commission.^[1] On November 7, 2022, Justice Rituraj Awasthi (Former Chief Justice of the Karnataka HC) was appointed as the chairperson of the 22nd Law Commission and Justice KT Sankaran, Prof.(Dr.) Anand Paliwal, Prof. DP Verma, Prof. (Dr) Raka Arya and Shri M. Karunanithi as members of the commission.^[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.^[4] During this period of administration by the company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This was considered as a major stumbling block for proper administration by the British government during the times which is now known as the British Raj. 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.

The first Law Commission was established in 1834 by the British government under the chairmanship of Lord Macaulay.^[5] It suggested various enactments to the British government, most of which were passed and enacted and are still in force in India. Few of the most important recommendations made by this first Law Commission were those on the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under.

A two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;^[10]

The tradition of pursuing law reform through the medium of a law commission was continued in post-independent India. The first law commission in independent India was established in 1955 and since then twenty more law commissions have been established. Each of these commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the legal diaspora of India. The contribution of each of these commissions has been enumerated below.

The Law Commission works in close co-ordination and under the general instruction of Ministry of Law and Justice. It generally acts as the initiation point for law reform in the country. Internally, the Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007^[25]), the commission works upon the assigned agenda and primarily comes up with research based reports, often conclusive and with recommendations. 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. These experts may either work part-time with the commission or may have been requested to contribute to specific reports or issues under review.

According to the commission's website, the commission's regular staff consists of about a dozen research personnel of different ranks and varied experiences with a small group of secretarial staff looks after the administration side of the commission's operations^[26] and the internal functioning of the commission can be described as a process with the following stages;

• Initiation of projects at the commission's meetings;
• Discussion of priorities; identification of topics and assignment of preparatory work to Members;
• Adoption of methodologies for collection of data and research;
• Outlining of problems and determination of areas for reform;
• Consultations with public, professional bodies and academic institutions;
• Evaluation of responses and preparation of draft of report;
• Discussion and scrutiny of report, leading to its finalization; and
• Forwarding of report to the Ministry of Law and Justice.^[26]

Once the report is submitted to the Ministry of Law and Justice, the task of the commission ends unless it is required to rework upon identified areas of provide clarifications by the government on the report submitted. Upon receipt of the report, it is the responsible for follow-up action on the recommendations made by the commission in the report. Generally, the Ministry of Law and Justice forwards the report with its remarks to other relevant ministries in the government and seeks from them their opinion on the relevance of the recommendation and finalizes with them the manner of implementation of these recommendations. When the proposals are cleared by the various ministries and approved by the Cabinet, the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament.

The Law Commission of India, though an ad hoc body, has been key to law reform in India.^[27] Its role has been both advisory and critical of the government's policies.^{[citation needed]} The Supreme Court of India and academia have recognized the commission as pioneering and prospective.^{[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 fact that the chairman of the commission is generally a retired judge of the Supreme Court has helped the prominence of the commission.^{[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 Commission seeks to simplify procedure to curb delays and improve standards of justice. It also strives to promote an accountable and citizen-friendly government which is transparent and ensures the people's right to information.^[27]

The recommendations of the commission are not binding on the government. "They are recommendations. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations."^[28] This has resulted in a number of important and critical recommendations not being implemented. The commission, however, has continued to work upon its assigned tasks.

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]} The history of the commission is replete with such recommendations which have been made in the wake of the hour and where the law has needed change.^{[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 latest in regard has been the 205th report of the commission which has been prepared in view of the Supreme Court's request for assistance in determination of "certain legal issues relating to child marriage, and the different ages at which a person is defined as a child in different laws." 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.

With all its past and present works being continuously provided on the internet, the commission has also provided a firm assistance to legal research in the country.^{[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 an indicator sufficient enough of the role of the commission in furtherance of law reform in India.^{[citation needed]}

• Autonomous law schools in India
• Common Law Admission Test
• Law Commission
• Law reform
• Legal Education in India
• List of law schools in India
• Ministry of Law and Justice (India)
• Supreme Court of India
• Civil Procedure Code, 1908
• Pendency of court cases in India