Reforming the Law Commission: Govt should enshrine in law, the composition, tenure, functions and work procedure of the panel

GS-II: Reforming the Law Commission: Govt should enshrine in law, the composition, tenure, functions and work procedure of the panel.

Context

There are reports that the cabinet will take a call on reconstituting the Law Commission.

Background

The Law Commission of India is the oldest amongst the national-level parastatal bodies.
It is a legacy of the country’s colonial past. In 1833, British rulers unified the three presidencies and planned to enforce the English common law in “British India”. For this, they constituted many law commissions.
After the fourth commission completed its work towards the end of 19th century, they did not continue the exercise.
The first commission was set up in 1955 for a three-year term, assumed charge on September 1 that year and vacated office on August 31, three years later. The same pattern was then irrationally adopted as the fixed term for the commission for all time to come.

Ad Hoc nature of Law commission

It has no fixed composition, no defined eligibility criteria for its chair and members, and no set functions as everything rests on the government’s will.
The terms of reference are specified afresh each time it is reconstituted as if it were an ad hoc body.
Three of the other national commissions for the Scheduled Castes, Scheduled Tribes and Backward Classes, are now regulated by the Constitution and there are laws for each of the national commissions for human rights, minorities, women, children and safai karmcharis.
Though the commission’s job requires research-oriented juristic learning, the commission has been a haven for retired judges.
The chairpersons of the four pre-independence Law Commissions — C H Cameron, John Romilly, Whitley Stokes and Thomas Macaulay — were eminent jurists, not judges, and so were many of their members.
Independent India initially maintained the tradition by appointing the distinguished jurist M C Setalvad as the chairman of its first Law Commission.
The policy was later changed, and with the exception of K V K Sundaram, the commission has always been headed by judges.
Members of the commission are also generally drawn from the judiciary, and the member-secretary is always from the bureaucracy.

Conclusion

If the commission has to work without regard for extra-legal and political considerations it must have a governing statute defining its powers and responsibilities, and limitations. It must be placed under a proper parliamentary charter.

Source: Indian Express

Join Our Telegram

Why women are still being treated as unequal to men

Public health versus free speech

Pradhan Mantri Suryodaya Yojana

06 Feb, 24
SHARE

Recently, Prime Minister announced Pradhan Mantri Suryodaya Yojana under which 1 crore households will get rooftop solar power systems. India’s Status of Current Solar Capacity India currently stands at 4th place globally in solar power capacity. As per Ministry of New an

Foreign Contribution Regulation Act (FCRA)- NGO

06 Feb, 24
SHARE

The Foreign Contribution Regulation Act, 2010 (FCRA) registration of two prominent non-governmental organisations (NGOs) — Centre for Policy Research (CPR) and World Vision India (WVI) have been cancelled this month. What is FCRA? Key provisions of FCRA, 2010 Key aspects Description

Voice clone-AI

06 Feb, 24
SHARE

Voice clone fraud has been on the rise in India. AI voice cloning – It is the process of creating a synthetic replica of a person’s voice through machine learning and speech synthesis technology.It is called as voice deepfakesor audio deepfakes. Objective – To achieve a high level of na

Science communication- how to promote

06 Feb, 24
SHARE

Steps taken by India to promote Science Communication Publications and Information Directorate (PID) - An organisation under Council of Science and Industrial Research (CSIR) established in 1951 for publishing and disseminating scientific information in India. National science magazines- The PI

Universal Basic Income (UBI)- Analysis

05 Feb, 24
SHARE

Universal Basic Income (UBI) can strengthen welfare architecture and unlock the nation’s latent demographic potential. UBI - It is an income support mechanism typically intended to reach all or a very large portion of the population regardless of their earnings or employment status. Objective- To provide enough to co