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.
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  • 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.
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