LAW COMMISSION OF INDIA (Syllabus: GS Paper 2 – Polity)

News-CRUX-10     3rd September 2024        

Context: The government notified the constitution of the 23rd Law Commission for a period of three years, with serving Supreme Court and high court judges as its chairperson and members.


Law Commission of India

  • About: It is an executive body established by an order of govt of India. It  ensure that the laws formed are just and fair which work towards its proper implementation.
  • It works as: An advisory body to the Ministry of Law and Justice. 

o It is not defined under the Indian Constitution but It is constituted as part of Article 39A.

o Generally law Commission is Constituted for a term of 3 year but Govt can extend the same.

  • Composition: Full-time Chairperson; (ii) four full-time Members (including Member-Secretary); (iii) Secretary, Department of Legal Affairs as ex officio Member; (iv) Secretary, Legislative Department as ex officio Member; and (v) not more than five part-time Members.
  • History: The first pre-independence law commission was established in 1834 by the British Government in India. 

o It was established by the Charter Act of 1833 and was chaired by Lord Macaulay.

  • Functions:

o Develop a Standard Operating Procedure (SoP) for periodic reviews, including simplifying language and processes.

o Identify laws that need amendments to align with current economic needs.

o Examine laws affecting the poor and conduct post-enactment audits of socio-economic legislation.

o Eliminate delays, clear arrears, and reduce costs for efficient case disposal while ensuring fairness.

o Suggest improvements, reforms, and new legislation to implement these principles and achieve constitutional objectives.

o The Commission shall finalize recommendations after consulting relevant Ministries/Departments and stakeholders.