Law commission of India is neither a statutory body nor a constitutional body but it is an executive body. It is established via an order of the Government of India. Or we can say it is truly ad hoc and advisory body works in the field of research and make recommendations for law reforms such as amendments and updating of prevalent laws of our state. As its core function is to reform laws and mainly comprises of legal experts appointed by the government to focus on the present laws, and insure progress in peace, security and justice in the society.
History of law commission
India s first law commission was established via charter act 1833 in the year of 1834; its chairman was Lord Macaulay. This commission had recommended for codification of Indian penal code, criminal procedure code and other law subject.
The Indian code of civil procedure, Indian contract act, Indian evidence act and transfer of property act etc are the exemplary works of law commission of British era. After first law commission three more law commission was established in British era.
First law commission of independent India was established in India for three year term under the chairmanship of M.C Setalvad, who was also the first attorney general of India.
How law commission established in India –
Law commission of India is established by an order of central government and a retired judge of Supreme Court would chair the law commission of India for the tenure decided by government of India. State also can constitute their own law commission similar to law commission India for state.
21st law commission
Till date 21st Law Commission of India was established for a period of three years w.e.f. 1st September. 2015 to 31st August, 2018.
The 21st Law Commission of India consist of:-
(i) a full-time Chairperson;
(ii) four full-time Members (including a Member-Secretary);
(iii) Secretary, Department of Legal Affairs as ex off do Member;
(iv) Secretary, Legislative Department as ex offcio Member; and
(v) not more than five part-time Members.
The Law Commission of India shall, on suo-moto or on a reference made to it by the Central Government undertake any research in law and review any of existing laws in India for making reforms therein and enacting new legislations.
Performs the study and research for bringing reforms in the justice delivery systems which may be progressive step for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
The other functions of the Law Commission included :-
1. Identification all those laws which are no longer relevant or obsolete and unnecessary enactments and making recommending for its repeal of;
2. Make suggestion about enactment of new legislations as may be necessary to attain the objectives set out in the Preamble of the Constitution and implement the Directive Principles
3. Considering and conveying about its views on any subject relating to law and judicial administration to the Government or that may be basically referred to it by the Government through Ministry of Law and Justice
4. Considering about the requests referred to it by the Government through Ministry of Law & Justice for providing research to any foreign countries as case may be.
5. Preparing and submitting, from time to time, reports on all issues, matters, studies and research to the Central Government which were undertaken by it and recommending in all such reports what necessary for effective measures to be taken by the Union or any State; and
6. Perform all such other functions and responsibility which the Central Government has assigned to it from time to time.
The commission has to consult the nodal Ministry or Departments or any other stakeholders as the Commission may deem necessary before making its recommendationsAs law info its recommendation is not binding on government.