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CONSTITUTION OF 22ND LAW COMMISSION OF INDIA
CONSTITUTION OF 22ND LAW COMMISSION OF INDIA
The Union Cabinet recently approved the constitution of India's 22nd Law Commission for a three-year term. Indian Law Commission is a non-statutory body, appointed from routinely by the Government of India. [1]India's Law Commission is neither a legislative body nor a statutory body, it is an administrative body formed by an order of the Indian government. The primary role is to make legal changes work. It functions to the Ministry of Law and Justice as an advisory body.
The Law Commission undertakes law-based study and analysis of existing laws in India to amend them and to enact new laws on a request provided by the Central Government or suo moto. The commission's recommendations are not binding on the Government. They can be approved or turned down. Action on the said recommendations is contingent on the ministries dealing with the report's subject matter.
The first Law Commission was established during the British Raj era in 1834 by the Charter Act of 1833 and was chaired by Lord Macaulay. In 1955, the first independent Law Commission was created. Historians say that this decision was the result of numerous petitions, both within and outside Parliament, for the formation of a Law Commission to propose reform and updating of borrowed laws to meet India's changing needs. The commission has submitted 277 reports on different matters so far.
IMPORTANT RECOMMENDATIONS OF THE COMMISSION BY FAR
The Law Commission proposed in its 262nd Report that the death penalty be abolished for all crimes except terrorism-related offenses and waged war against the Regime. The Report on Electoral Reform (1999) suggested simultaneous elections to Lok Sabha and the state assembly to improve governance and stability. It also recommended the implementation of the Uniform Civil Code (UCC) in the country.
277th Report – Wrongful Prosecution (Miscarriage of Justice): Legal Remedies
276th Report – Legal Framework for Gambling and Sports Betting in India
275th Report – BCCI and Right to Information Act, 2005
274th Report – Review of the Contempt of Courts Act, 1971
273rd Report – Implementation of the UN Convention against Torture
272nd Report – Assessment of Statutory Frameworks of Tribunals in India
271st Report – Report on Human DNA Profiling
270th Report – Compulsory Marriage Registration
FUNCTIONS OF THE COMMISSION
- Identification of laws that are no longer relevant and recommending for the repeal of obsolete and unnecessary enactments.
- Examining Laws that affect poverty and carries out post-audit for socio-economic legislations.
- Suggest the adoption of new laws as necessary to implement the Principles of the Directive and to achieve the objectives set out in the Constitution Preamble. [2]
- Considering and conveying to the Government its views on any matter relating to law and judicial administration, which the Government may specifically refer to, through the Ministry of Law and Justice
- Considering demands for the provision of research to any foreign country as may be forwarded by the Government through the Ministry of Law and Justice (Department of Legal Affairs).
- Examine current legislation with a view to encouraging gender equality and proposing changes to it.
- Examine the effect of globalization on food security, jobs and propose measures to protect marginalized interests.
- Preparing and sending reports on all the issues, matters, studies and analysis conducted by the Central Government from time to time, and suggesting appropriate steps to be taken by the Union or any State in these papers. A detailed and voluminous report is sent for review to the Ministry of Law & Justice at the conclusion of the massive exercise of data collection and analytics. Perform any other duties as may be assigned timely by the Union Government.[3]
[1] Cabinet approves the Constitution of 22nd Law Commission of India for a term of three years, Press Information Bureau, https://pib.gov.in/PressReleasePage.aspx?PRID=1603640.
[2] Legal Profession, Department of Legal Affairs, http://legalaffairs.gov.in/Achievements/legal-profession
[3] Law Commission: The quiet reformer, Vrinda Aggarwal, indialegallive.com/cover-story-articles/focus/law-commission-quiet-reformer-50718.
- Law Commission
- Ministry of Law and Justice
- Union Cabinet
