Law Commission

Law Commission:-

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 under the Chairmanship of “Lord Macaulay” which recommended codification of the Penal Code, the Criminal Procedure Code and a few other matters. 

Thereafter, the second (1853), third (1861) and fourth (1879) Law Commissions were constituted in 1853, 1861 and 1879 respectively which, during a span of fifty 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 (CPC), 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.

First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its Chairman. Since then twenty more Law Commissions have been appointed, each with a three-year term and with different terms of reference. 

THE TWENTIETH LAW COMMISSION

The Twentieth Law Commission was constituted through a Government Order with effect from 1st September, 2012. It has a three-year term, ending on 31st August, 2015.

Mr. Justice A. P. Shah, Former Chief Justice, Delhi High Court

Chairman(w. e. f. 21.11.2013)

The Terms of Reference of the Twentieth Law Commission are as follows:-

A.    Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times

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

C.     Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto.

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

E.     Recommend to the Government measure for making the statute book up-to-date by repealing obsolete laws and enactments or parts thereof which have outlived their utility.

F.      Consider and to 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

G.    Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law and Justice

H.    Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.