Context: The Union Cabinet has approved for Twenty-second Law Commission of India for a period of 3 year.
About Law Commission of India:
Law Commission of India is neither a constitutional body nor a statutory body, it is an executive body established by an order of the Government of India. Its major function is to work for legal reforms.
The Commission is established for a fixed tenure and acts as an advisory body to the Ministry of Law and Justice.
Its membership primarily comprises of the legal experts.
Functions of Law Commission:
Identify laws which are no longer needed or relevant and can be immediately repealed.
It examines the existing laws in the light of Directive Principles of State Policy and suggests ways of improvement and reform.
It also suggests such legislation as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.
It considers and conveys to the Government of India its views on any subject relating to law and judicial administration which may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs).
Take all such measures as may be necessary to harness law and the legal process in the service of the poor.
Consider the requests for providing research to any foreign countries as may be referred to it by the Government through the Ministry of Law and Justice (Department of Legal Affairs).
Background of Law Commission:
Law Commissions in India have a pre-independence origin. The first Law Commission was formed in the year 1834 as a result of the Charter Act, 1833 with the chairman being TB Macaulay.
The first commission’s recommendations resulted in codification of the penal code and the Criminal Procedure Code.
Three other law commissions were constituted before independence by the British government. All four pre-independent law commissions have contributed to the statute books immensely.
After Independence, law commission was first formed in 1955 under the chairmanship of the then Attorney-General of India, M. C. Setalvad.
The commission is reconstituted every three years and so far, 277 reports have been submitted to the government.
The various Law Commission have been able to make an important contribution towards the progressive development and codification of Law of the country.
The 22nd Law Commission will be constituted for a period of three years from the date of publication of its Order in the Official Gazette.
Members of Law Commission:
A full-time Chairperson.
Four full-time Members (including Member-Secretary)
Secretary, Department of Legal Affairs as ex-officio Member
Secretary, Legislative Department as ex officio Member; and
Not more than five part-time Members.
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 legislations.
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 the cost of litigation etc.
The 21st Law Commission was constituted under Justice B.S. Chauhan (retd.).
He had submitted reports and working papers on key issues such as simultaneous elections to the Lok Sabha and the Assemblies and uniform civil code.
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