Law Commission of India

The Law Commission of India is one of the most important institutions connected with law reform, yet it often receives less attention in Polity. It is neither a constitutional body nor a statutory one — it is a non-statutory, advisory body created by the Government from time to time.

Its strength lies not in legal authority, but in expertise, research, and credibility.

Nature and Establishment

Non-Statutory, Advisory Body

• Established by the Central Government through an executive order
• Created from time to time, for fixed tenures (usually 3 years)
• Recommendations are not binding on the government

Its primary job is to:

“Recommend legal reforms, codification and consolidation of laws.”

Historical Background

Before Independence, the British created four Law Commissions in the 19th century. These commissions played a huge role in modernising Indian law and drafting many statutes that still exist today.

Some iconic laws created on their recommendations:

• Indian Penal Code (IPC)
• Criminal Procedure Code (CrPC)
• Civil Procedure Code (CPC)
• Indian Contract Act
• Indian Evidence Act
• Transfer of Property Act
  … and many others

These were adapted from English law but adjusted for Indian conditions.

Commissions After Independence

With the adoption of the Constitution in 1950, the emphasis shifted to:

• Fundamental Rights,
• Directive Principles of State Policy, and
• Social justice-oriented law reform.

Article 372 allowed pre-Constitution laws to continue. But as society changed, there was public pressure to:

• revise outdated laws
• remove obsolete laws
• modernise the entire legal system

First Law Commission of India (Post-Independence)

• Established: 1955
• Tenure: 3 years
• Chairman: M.C. Setalvad, the first Attorney-General of India

Since then, 22 more Commissions have been set up, each with:

• a 3-year tenure, and
• separate terms of reference

Composition of the Law Commission

The structure is not fixed by law; it varies depending on the topics assigned. However, typically it includes:

1. Chairman

• Usually a retired Supreme Court Judge or retired Chief Justice/High Court Judge
• Sometimes a distinguished jurist or legal scholar

2. Full-time Members

• Judges, legal experts, jurists, or senior law professors

3. Member-Secretary

• From the Indian Legal Service
• Rank: Additional Secretary or Secretary to the Government of India

4. Part-time Members

• Eminent advocates, scholars, domain specialists

5. Supporting Staff

• Around a dozen research officers and analysts
• A small administrative team

This blend ensures legal experience + academic depth + research capacity.

Functions of the Law Commission

The Law Commission’s mandate is wide and important. Let’s understand it:

A. Repealing Outdated Laws

1. Identify laws no longer needed

The Commission recommends immediate repeal of obsolete or irrelevant laws.

B. Reviewing Laws in Light of the Constitution

2. Examine laws in light of Directive Principles

It suggests changes or new laws required to:

• implement DPSPs
• align with constitutional values
• achieve goals of the Preamble

This makes the Commission a bridge between the Constitution and legislation.

C. Advisory and Research Functions

3. Provide views on issues referred by the Government

4. Conduct research for foreign governments

When requested by the Indian Government.

D. Ensuring Justice and Inclusivity

5. Use law to help the poor

Its recommendations try to:

• simplify procedures
• reduce litigation costs
• make justice more accessible

E. Improving Central Acts

6. Review and revise Central Acts

To:

• simplify language,
• remove anomalies or ambiguities,
• correct inequities,
• modernise provisions.

Working Procedure of the Law Commission

The working method is very systematic — comparable to academic research mixed with policy analysis.

Here are the steps:

1. Projects initiated in meetings
Topics decided based on government reference or suo motu.

2. Prioritisation and work distribution

3. Data collection and research
Different methodologies used depending on the subject.

4. Preparation of a Working Paper
Contains:

• problem identification
• proposed areas of reform

5. Public Consultation
Working paper circulated to:

• public
• stakeholders
• legal community
• interest groups

6. Evaluation of feedback

7. Final scrutiny and drafting
Detailed discussions in full Commission meetings.

8. Final Report sent to the Government
Later:

• Ministry of Law & Justice consults relevant ministries
• Reports submitted to Parliament periodically

Number of Reports submitted so far: 277 reports

Role and Importance of the Law Commission

The Law Commission plays a subtle but extremely impactful role. Its influence can be seen in numerous legal reforms.

1. Expert guidance to the Government
On complex legal issues referred to it.

2. Reviews laws suo motu or on request
Ensures responsiveness to national needs.

3. Reforms justice delivery
Focus on:

• reducing delays
• increasing efficiency
• lowering litigation costs
• simplifying procedures

4. Contributes to codification and modernization
Many important laws in India have been shaped or re-shaped by its recommendations.