Law Comm
Law Comm
Law Reform has been a continuing process particularly during the last 300 years or
more in Indian history. In the ancient period, when religious and customary law
occupied the field, reform process had been ad hoc and not institutionalised through
duly constituted law reform agencies. However, since the third decade of the
nineteenth century, 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, third and fourth 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, 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.
POST-INDEPENDENCE DEVELOPMENTS:
After independence, the Constitution of India with its Fundamental Rights and
Directive Principles of State Policy gave a new direction to law reform geared to the
needs of a democratic legal order in a plural society. Though the Constitution
stipulated the continuation of pre-Constitution Laws (Article 372) till they are
amended or repealed, there had been demands in Parliament and outside for
establishing a Central Law Commission to recommend revision and updating of the
inherited laws to serve the changing needs of the country. The Government of India
reacted favourably and established the 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 one more Law Commissions have been appointed, each with a
three-year term and with different terms of reference. The names of Chairman who
presided over these Commissions are given below:-
The List of reports the earlier Law Commissions including present Law Commission
have forwarded to the Government during the past four decades is given at the end of
this monograph.
The Twenty-first Law Commission was constituted through a Government Order with effect from 1st
September, 2015. It has a three-year term, ending on 31st August, 2018. The Commission presently
comprises of the following:-
ii. Identify laws which are not in harmony with the existing
climate of economic liberalization and need change.
i. Examine the Laws which affect the poor and carry out post-
audit for socio-economic legislations.
FOLLOW-UP
The Reports of the Law Commission are considered by the Ministry of Law in
consultation with the concerned administrative Ministries and are submitted to
Parliament from time to time. They are cited in Courts, in academic and public
discourses and are acted upon by concerned Government Departments depending
on the Government's recommendations.
The Law Commission of India has forwarded 262 Reports so far on different
subjects.
Once the data and informed views are assembled, the Commission's staff
evaluates them and organises the information for appropriate introduction in the
report which is written either by the Member-Secretary or one of the Members
or the Chairman of the Commission. It is then subjected to close scrutiny by the
full Commission in prolonged meetings. Once the Report and summary
are finalised, the Commission may decide to prepare a draft amendment or a
new bill which may be appended to its report. Thereafter, the final report is
forwarded to the Government.
30. Section 5 of the Central Sales Tax Act, 1956, taxation by 1967
the States of Sales in the course of import.
36. Sections 497, 498 and 499 of the Code of Criminal 1967
Procedure, 1898-Grant of bail with condition.
53. Effect of the Pensions Act, 1871 on the right to sue 1972
for pensions of retired members of the public
services.
175
The Foreigners (Amendment) Bill, 2000 2000
217
Irretrievable Breakdown of Marriage - Another Ground
2009
for Divorce.
CONTACT US
Member-Secretary
Law Commission of India, 14th Floor, Hindustan Times House
Kasturba Gandhi Marg, New Delhi – 110 001
Tel.:+91 – 011- 23355741, 23355738; Fax: (0091)/011 - 23736744
E-mail: [email protected]
Website: http://lawcommissionofindia.nic.in