Historical Background and Formation
The Law Commission of India is a government body established to suggest changes and improvements in the legal system of India. The Law Commission of India was first set up in 1955, but the concept of law commissions goes back to when the British ruled India.
- The British set up the first Law Commission in 1834, which created important laws like the Indian Penal Code and the Indian Evidence Act that are still in use today.
- After India became independent, there was a need to update laws to fit the country's democratic values. The first Law Commission of independent India was formed in 1955, with M.C. Setalvad as chairman. Since then, it has been reconstituted every three years to keep laws up-to-date.
Role and Functions of the Law Commission
The Law Commission of India has several important roles:
- Reviewing Existing Laws: It looks at current laws and suggests changes to make them better.
- Research and Analysis: The Commission studies legal issues in detail.
- Advisory Role: It advises the government on important legal and social matters.
- Codification and Unification: It works to simplify and unify laws.
- Consultation: It involves the public and experts to ensure its recommendations are comprehensive.
advertisement
Composition and Structure
The Commission is led by a chairman which is usually a retired judge, and includes other members like legal experts and scholars. This panel of experienced people ensures balanced and comprehensive recommendations.
Leadership
The chairman guides the activities of the Commission and ensures that its work aligns with priorities of the country.
Members
The members include full-time and part-time experts, secretaries, and other staff who contribute to the Commission's research and drafting process.
Major Reports and Recommendations
The Law Commission has produced many reports that have greatly influenced India’s legal system.
advertisement
Key Reports
- 42nd Report (1971): Suggested changes in the Indian Penal Code to make punishments fairer.
- 185th Report (2002): Recommended updates to the Indian Evidence Act to address new types of evidence like digital evidence .
- 262nd Report (2015): Proposed to end the death penalty for most crimes, except for terrorism .
Many recommendations of the Commission have led to new laws or changes in existing laws, such as reforms in criminal law and consumer protection laws.
Process of Drafting and Submitting Reports
The Commission follows a thorough process to draft and submit its reports:
- Research and Consultation: Conducts detailed research and engages with various stakeholders.
- Drafting: Prepares draft reports based on the findings.
- Review and Revision: Revises drafts to ensure clarity and accuracy.
- Submission: Final reports are submitted to the government.
Public Participation and Consultation
The Law Commission gives importance to public participation to ensure its recommendations show the needs of the people.
The Commission involves muliple stakeholders, such as:
advertisement
- Legal Experts: Gather insights from judges and lawyers.
- Civil Society: Involves NGOs and advocacy groups.
- General Public: Seeks feedback and suggestions from the public .
The Commission holds seminars, workshops, and public hearings to facilitate discussion and gather input.
Recent Initiatives and Projects
Recently, the Law Commission has worked on several important projects:
Key Projects
- Uniform Civil Code: Studying the feasibility of a Uniform Civil Code to ensure equal laws for all citizens .
- Electoral Reforms: Suggesting ways to improve transparency in elections .
- Cyber Laws: Updating laws to address challenges in data protection and privacy .
The Commission continues to explore new areas for reform, focusing on modernising laws to keep pace with societal and technological changes .
advertisement
Conclusion
The Law Commission of India is a vital institution in the legal landscape of India. It works in increasing research and inclusive policy so that the recommendations are important and effective. The role of commission helps in shaping a fair legal system which ensures that aspirations of the society are met.
Frequently Asked Questions (FAQs)
1. How often is the Law Commission reconstituted?
The Law Commission of India is reformed every three years to stay relevant and effectively address current legal issues
advertisement
2. How does the Law Commission submit its reports?
The Law Commission conducts deep research and consultations before drafting its reports. These drafts are reviewed and revised before being submitted to the government for consideration and implementation.
References
Written by Chandra Kant Singh
Aspiring lawyer with a passion for justice and a strong foundation in organisation, communication, and problem-solving skills. Currently pursuing a B.A.LL.B. (Hons.) degree at RMLNLU, where I am actively involved in moot court and NegMed competitions. Eager to leverage my skills and academic background to contribute to a dynamic legal environment and make a positive impact on society.
advertisement
Further Reading
advertisement
