The Union Cabinet has approved the constitution of the 22nd Law Commission, which advises the government on complex legal issues. The term of the previous law panel had ended on August 31, 2018.

With the Cabinet approval, the law ministry will now notify the new panel, which will have a term of three years.

The panel will have a full-time chairperson, four full-time members (including a member secretary), and law and legislative secretaries in the law ministry as ex-officio members. It will not have more than five part-time members. Usually, a retired Supreme Court judge or chief justice of a High Court heads the commission.

What is its purpose?

The government will have the benefit of recommendations from a specialised body on different aspects of law which are entrusted to the commission for its study and recommendations, as per its terms of reference.

The Law Commission shall, on a reference made to it by the central government or suo motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislation.

It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation, etc.

Before finalising its recommendations, the commission will consult the nodal ministry / departments.

Law Commission before independence

In the ancient period, when religious and customary law occupied the field, the reform process had been ad hoc and not institutionalised through duly constituted law reform agencies. However, since the third decade of the 19th century, Law Commissions were constituted by the government from time to time and were empowered to recommend legislative reforms with a view to clarify, consolidate and codify particular branches of law where the government felt the necessity for it.

The first such commission was established in 1834 under the Charter Act of 1833. The commission under the chairmanship of Lord Macaulay recommended codification of the Penal Code, the Criminal Procedure Code and a few other matters.

Thereafter, the second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively which, during a span of 50 years contributed a great deal to enrich the Indian Statute Book with a large variety of legislations on the pattern of the then prevailing English laws adapted to Indian conditions.

The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act, etc are products of the labour of the first four Law Commissions.

Law Commission after independence

After independence, the Constitution of India with its Fundamental Rights and Directive Principles of State Policy gave a new direction to law reform geared to the needs of a democratic legal order in a plural society.

Though the Constitution stipulated the continuation of pre-Constitution Laws (Article 372) till they are amended or repealed, there were demands in Parliament and outside for establishing a Central Law Commission to recommend revision and updating of the inherited laws to serve the changing needs of the country.

The government established the First Law Commission of Independent India in 1955 with the Attorney-General of India M. C. Setalvad as its chairman.

A total of 21 Law Commissions have been appointed, each with a three-year term and with different terms of reference. The various law commissions have so far submitted 277 reports.

Significance of Law Commission

* Identify laws that are no longer needed or relevant and can be immediately repealed.

* Examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform and also suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.

* Consider and convey to the government its views on any subject relating to law and judicial administration that may be specifically referred to it by the government through the ministry of law and justice.

* Consider the requests for providing research to any foreign countries as may be referred to it by the government through the law ministry.

* Take all such measures as may be necessary to harness law and the legal process in the service of the poor.

* Revise the central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities.

The 21st Law Commission, under Justice (retd) B.S. Chauhan, had submitted reports and working papers on key issues such as simultaneous polls to the Lok Sabha and state Assemblies and a Uniform Civil Code. While this commission had supported simultaneous polls, it had said time was not ripe for a common code.

In 2015, a proposal was mooted to make the law panel a permanent body either through an Act of Parliament or an executive order (resolution of the Union Cabinet). The move was, however, shelved after the Prime Minister’s Office felt that the current system should continue.

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