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DAILY NEWS ANALYSIS

  • 01 March, 2023

  • 5 Min Read

Law Commission

Law Commission

  • The 22nd Law Commission's mandate will now remain in effect until August 31, 2024, following recent approval by the Union Cabinet.

About Law Commission:

  • Legal changes are the main responsibility of the Law Commission of India, an executive entity.
  • The government created the Law Commission as an executive body with a set term. It serves as an advisory council to the Law Ministry.
  • It is neither a statutory nor a constitutional organization.
  • It was established by a notification from the Ministry of Law & Justice, Department of Legal Affairs, of the Government of India.
  • It is mostly made up of legal professionals.
  • In 1955, the first law commission in India was established, with M. C. Setalvad, the country's attorney general at the time, serving as its Chairman.
  • Every new Law Commission is being established under the direction of the Law Ministry.

Members of the Law Commission:

  • The Commission is made up of judicial and legal professionals. The Commission has a chairperson and additional members. Ex-officio members include the Law Secretary and the Secretary (Legislative) for the Law Ministry.

Law Commission Background:

  • In India, law commissions date back to the country's colonial era. The Charter Act of 1833 led to the creation of the first Law Commission, which TB Macaulay presided over.
  • The Criminal Process Code and the Penal Code were codified as a result of the first commission's recommendations.
  • The British government created three further law commissions before independence.
  • The statute books have benefited greatly from the contributions of all four pre-independent law commissions.
  • Following independence, the first Law Commission was established in 1955, continuing the history of using law commissions to bring about legal reforms in the nation.
  • It provided the government with 14 reports.

The 22nd Law Commission's Report:

  • Former Chief Judge of the Karnataka High Court Rituraj Awasthi is in charge of the Commission.

Functions of the Law Commission:

  • The Law Commission's primary responsibility is to analyse current laws and undertake legal research in order to propose revisions. The following list includes a few of the Law Commission's other duties.
  • Examination or repeal of outdated laws.
  • Identifying legislation that can be quickly repealed since they are no longer necessary.
  • Identifying laws that need to be changed because they are out of touch with the present economic liberalisation environment.
  • Identifying laws that need to be changed and offering suggestions for the adjustments.
  • Reviewing recommendations for law change or amendment made to it by other ministries or departments.
  • Recommending legal action be taken to quickly resolve citizens' complaints.
  • Conducting post-analysis of socioeconomic laws as well as researching laws that have an impact on the poor.
  • Propose the adoption of any additional laws that may be required to carry out the DPSPs and realize the goals set forth in the Preamble of the Constitution.
  • Offer its opinion on any topic relating to the law and judicial system that the Law Ministry may refer to it.
  • for removing technicalities and simplifying processes.
  • to raise the bar for justice administration norms.
  • Take into account requests for research assistance from foreign nations that the government has forwarded to it via the Law Ministry.
India's 21st Law Commission:
  • The most recent to be established was India's 21st Law Commission. It was in place from 2015 to 2018.
  • Balbir Singh Chauhan, a former Supreme Court justice, served as the chairman. It provided the government with 15 reports. Report 277, titled "Wrongful Prosecution (Miscarriage of Justice): Legal Remedies," was the most recent report.
  • Further studies the committee provided covered a range of topics, including human DNA profiling, hate speech, the review of court disobedience, the requirement for marriage registration, the BCCI, sports betting, etc.

Source: The Hindu


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