LAW COMMISSION
15, Jul 2019
Prelims level : Polity governance- Constitutional Bodies, Regulatory Bodies
Mains level : GS2 - Government policies and interventions for development in various sectors and issues arising out of their design and implementation. GS2 - Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
- Context- Law Ministry has initiated the process of setting up the body which gives advice to the government on complex legal issues.
What is Law Commission:
- Law Commission of India is neither a constitutional body nor a statutory body.
- It is truly an ad hoc and advisory body whose work is to do research and make recommendations for law reforms such as amendments and updations of prevalent and inherited laws.
- Recommendations is NOT binding upon the Government.
How Law Commission is established?
- Law Commission of is established by an order of central government.
Who will head the law commission is completely at the discretion of the Government. However, it is a convention that a retired judge of Supreme Court heads India’s Law Commission. - Further, the States also can constitute their own law commissions.
Who is composition of Law Commission?
- The Commission is headed by a full-time Chairperson. It membership primarily comprises legal experts, who are entrusted a mandate by the Government.
- Law commission would be comprised of:
- A full-time Chairperson
- Four Full-Time Members (including a Member-Secretary). Secretary, Department of Legal Affairs as ex offcio Member. Secretary, Legislative Department as ex offcio Member. not more than five part-time Members.
- The Commission is established for a fixed tenure (generally three years) and works as an advisory body to the Ministry of Law and Justice.
History of Law Commission:
- India’s first Law Commission was established in 1834 via Charter Act of 1833 under the Chairmanship of Lord Macaulay.
- This law commission had recommended codification of the Penal Code, the Criminal Procedure Code and a few other matters.