Source- This post on Law Commission of India has been created based on the article “What is the Law Commission: its role, members, & recommendations“ published in “Indian Express” on 6th September 2024.
Why in News?
The Union government has established the 23rd Law Commission of India which is effective from September 1. It will serve for the term of three years.
Constitution of the 23rd Law Commission (2024)
1. The 23rd Law Commission was notified on September 2, 2024 and will serve until August 31, 2027.
2. It will consist of a chairperson, four full-time members, and five part-time members. The chairperson and members have not yet been named.
Terms of Reference for the 23rd Law Commission
1. Identify Obsolete Laws: Review and recommend laws that should be repealed immediately.
2. Standard Operating Procedures (SoP): Develop a system for periodic review and simplification of legal language and processes.
3. Laws and Economic Needs: Identify laws that need amendment to align with the economic needs of the time.
4. Directive Principles: Propose laws or amendments that implement the **Directive Principles of State Policy** set out in the Indian Constitution’s Preamble.
About the Law Commission of India
1. The Law Commission of India is a non-statutory body formed by the Union Ministry of Law and Justice.
2. It is established through a gazette notification to help the government review existing laws, recommend the repeal of outdated laws, and suggest reforms.
3. The Commission’s recommendations often influence legal changes, though the government is not obligated to adopt them.
4. Members of the Law Commission: The Law Commission typically consists of:
i) A Chairperson, usually a retired Supreme Court or High Court judge.
ii) Four full-time members, including a member-secretary, who may be serving judges or legal experts.
iii) Up to five part-time members.
iv) The Secretaries of Legal Affairs and Legislative Departments as ex officio members.
5. Appointment: The Chairperson and members are appointed by the Appointments Committee of the Cabinet, chaired by the Prime Minister.
Role of the Law Commission
1. The Commission reviews the current laws in India to ensure they remain relevant and effective.
2. It suggests the removal of laws that are no longer needed.
3. The Commission suggests reforms to align laws with modern economic and social needs.
4. The Commission can propose new laws to address evolving legal and societal issues, including the Directive Principles of State Policy.
5. It evaluates the impact of socio-economic legislation after they have been implemented.
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