Law Commission of India
Encyclopedia
Law Commission of India is an executive body
established by an order of the Government of India
. Its major function is to work for legal reform
. It membership primarily comprises legal experts, who are entrusted a mandate by the Government. The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice
.
The first Law Commission was established during the British regime
in 1834 by the Charter Act of 1833. After that three more Commissions were established in pre-independent India. The first Law Commission of independent India was established in 1955 for a three year term. Since then Eighteen more Commissions have been established. The Nineteenth and the current Law Commission was established on 1 September 2009 under the Chairmanship of a justice P.Venkatarama Reddy. Its tenure has been fixed till 31 August 2012. Other than the Chairman, the Eighteenth Law Commission has one Permanent Member, one Member-Secretary and six Part-time Members.
s and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the Company exercised control. During this period of administration by the Company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This was considered as a major stumbling block for proper administration by the British Government during the times which is now known as the British Raj
. In order to improve the law and order situation and also to ensure uniformity of legal administration, various options were looked for. Until then the British Government had been passing various enactments to deal with particular situations (such as the Prohibition of Sati
in 1829 by Lord William Bentinck
under the influence of Raja Ram Mohan Roy. However it was for the first time in 1833 that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul was instituted.
(first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act
(1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under;
A Two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen
) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;
through the medium of a Law Commission
was continued in post-independent India. The first law commission in Independent India was established in 1955 and since then seventeen more law commissions have been established. Each of these Commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the legal diaspora of India. The contribution of the each of these Commissions has been enumerated below.
, who was also the First Attorney General of India. The term of this Commission was established as three years (which my convention has been followed till date) and this Commission submitted its last report on 16 September 1958. The reports submitted by the First Law Commission of India are as under;
. It stayed in office till 1994. It presented the following reports;
. It stayed in office till 2006. It presented the following reports;
was appointed as the Chairman of the Commission. Currently, the membership of the Law Commission stands as follows;
Chairman (1)
Permanent Members (1)
Member-Secretary (1)
Part-Time Members (6)
Research Staff (6)
. It generally acts as the initiation point for law reform in the country. Internally, the Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007), the Commission works upon the assigned agenda and primarily comes up with research based reports, often conclusive and recommendatory. The permanent members of the Commission generally are responsible for framing the exact topic and reference to work upon and often takes the services of eminent law experts and jurists who are familiar with the matter under review. These experts may either work part time with the Commission or may have been requested to contribute to specific reports or issues under review.
According to the Commission's website, the Commission's regular staff consists of about a dozen research personnel of different ranks and varied experiences with a small group of secretarial staff looks after the administration side of the Commission's operations and the internal functioning of the Commission can be described as a process with the following stages;
Once the Report is submitted to the Ministry of Law and Justice
, the task of the Commission ends unless it is required to rework upon identified areas of provide clarifications by the Government on the report submitted. Upon receipt of the Report, it is the responsible for follow-up action on the recommendations made by the Commission in the Report. Generally the Ministry of Law and Justice forwards the Report with its remarks to other relevant Ministries in the Government of India and seeks from them their opinion on the relevance of the recommendation and finalizes with them the manner of implemendation of these recommendations. When the proposals are cleared by the various Ministries and approved by the Cabinet, the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament
.
and also the academia
as pioneering and prospective. In a number of decisions the Supreme Court has referred to the work done by the Law Commission and followed its recommendations. The fact that the Chairman of the Law Commission is generally a retired Judge of the Supreme Court has only helped the prominence of the Commission.
There is no binding value of the recommendations of the Commission, for "they are recommendations. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations." This has resulted in a number of important and critical recommendations not being implemented. However the Commission has continued to work upon its assigned tasks.
The power vested in the Commission to suo motu take up matters for discussion and submit recommendations has also worked well to the advantage of the legal system in the country. The history of the Commission is replete with such recommendations which have been made in the wake of the hour and where the law has needed change. Further, the Commission has been often returned to review its earlier reports in the wake of changed scenarios and the aptness of law in such situations. Euthanasia
and related issues, in particular, has been one such area where the Commission has been relook the situation at least three times, with the latest being its 196th report on the topic.
Besides the Law Ministry, the Commission has also been requested to work upon specific issues and submit its views by the Supreme Court on various occasions. The latest in regard has been the 205th Report of the Commission which has been prepared in view of the Supreme Court's request for assistance in determination of "certain legal issues relating to child marriage, and the different ages at which a person is defined as a child in different laws." The Report stirred a public debate in India for recommending inter alia, a reduction in marriage age of boys to be at par with girls at 18, instead of the long continuing 21 and 18 respectively.
With all its past and present works being continuously provided on the internet, the Commission has also provided a firm assistance to legal research in the country. The fact that a number of its reports have been taken receptively by the various Ministries and have been worked upon to change the legal scenario, is itself an indicator sufficient enough of the role of the Commission in furtherance of law reform in India.
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
established by an order of the Government of India
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...
. Its major function is to work for legal reform
Law reform
Law reform or Legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency....
. It membership primarily comprises legal experts, who are entrusted a mandate by the Government. The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice
Ministry of Law and Justice (India)
The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the , the Ministry is vested with the responsibility of administration of legal affairs, justice, and legislative affairs in India....
.
The first Law Commission was established during the British regime
British East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
in 1834 by the Charter Act of 1833. After that three more Commissions were established in pre-independent India. The first Law Commission of independent India was established in 1955 for a three year term. Since then Eighteen more Commissions have been established. The Nineteenth and the current Law Commission was established on 1 September 2009 under the Chairmanship of a justice P.Venkatarama Reddy. Its tenure has been fixed till 31 August 2012. Other than the Chairman, the Eighteenth Law Commission has one Permanent Member, one Member-Secretary and six Part-time Members.
Evolution of Law Commission in India
The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company, which was granted Royal CharterRoyal Charter
A royal charter is a formal document issued by a monarch as letters patent, granting a right or power to an individual or a body corporate. They were, and are still, used to establish significant organizations such as cities or universities. Charters should be distinguished from warrants and...
s and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the Company exercised control. During this period of administration by the Company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This was considered as a major stumbling block for proper administration by the British Government during the times which is now known as the British Raj
British Raj
British Raj was the British rule in the Indian subcontinent between 1858 and 1947; The term can also refer to the period of dominion...
. In order to improve the law and order situation and also to ensure uniformity of legal administration, various options were looked for. Until then the British Government had been passing various enactments to deal with particular situations (such as the Prohibition of Sati
Sati (practice)
For other uses, see Sati .Satī was a religious funeral practice among some Indian communities in which a recently widowed woman either voluntarily or by use of force and coercion would have immolated herself on her husband’s funeral pyre...
in 1829 by Lord William Bentinck
Lord William Bentinck
Lieutenant-General Lord William Henry Cavendish-Bentinck GCB, GCH, PC , known as Lord William Bentinck, was a British soldier and statesman...
under the influence of Raja Ram Mohan Roy. However it was for the first time in 1833 that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul was instituted.
Pre-Independence Law Commissions of India
The First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay. It suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India. Few of the most importance recommendations made by this First Law Commission were those on, Indian Penal CodeIndian Penal Code
Indian Penal Code is the main criminal code of India. It is a comprehensive code, intended to cover all substantive aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Raj in 1862...
(first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act
Indian Evidence Act
The Indian Evidence Act, originally passed by the British parliament in 1872, contains a set of rules and allied issues governing admissibility of any evidence in the Indian courts of law. Before Indian Evidence Act,India was subjected to Personal Laws as correctly may be said that of Muslims and...
(1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under;
| First Pre-Independence Law Commission | Second Pre-Independence Law Commission | Third Pre-Independence Law Commission | Forth Pre-Independence Law Commission | |
|---|---|---|---|---|
| Established | |
|
|
|
| Chairman | |
|
|
|
| Members | (1) J.M. Macleod, (2) G.W. Anderson, and (3) F. Millet | (1) Sir Lord Jervis, (2) Sir Edward Ryan, (3) R. Lowe, (4) J.M. Macleod, (5) C.H. Cameron, and (6) T.E. Ellis | Initially (1) Sir Edward Ryan, (2) R. Lowe, (3) J.M. Macleod, (4) Sir W. Erle, and (5) Justice Wills. Subsequently Sir W. Erle, and Justice Wills succeed by Sir. W.M. James and J. Henderson. Later J. Henderson replaced by Justice Lush. | (1) Sir Charles Turner, and (2) Raymond West |
| Reports | Penal Code (2 May 1837) | Code of Civil Procedure and Law of Limitation (1859) | A code for Succession and Inheritance for Indians other than Hindus and Muslims (1865) | Code of Negotiable Instruments (1881) |
| Lex Loci (role and authority of English law English law English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana... in India) (31 October 1840) |
Penal Code (1860) | Draft Contract Law (1866) | Code on Trusts Law (1882) | |
| |
Code of Criminal Procedure (1861) | Draft Negotiable Instruments Law (1867) | Code on Transfer of Property and Easements (1882) | |
| |
|
Draft Evidence Law (1868) | Revised Code of Criminal Procedure (1882) | |
| |
|
Revision of Code of Criminal Procedure (1870) | Revised Code of Civil Procedure (1882) | |
| |
|
Draft Transfer of Property Law (1870) | |
|
| |
|
Draft Code on Insurance (1871) | |
|
A Two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen
James Fitzjames Stephen
Sir James Fitzjames Stephen, 1st Baronet was an English lawyer, judge and writer. He was created 1st Baronet Stephen by Queen Victoria.-Early life:...
) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;
- 1863 - Religious Endowments Act
- 1864 - Official Trustees Act
- 1865 - Carriers Act
- 1865 - Parsi Marriage and Divorce Act
- 1865 - Parsi Intestate Succession Act
- 1866 - Indian Companies Act
- 1866 - Native Converts Marriage Dissolution Act
- 1866 - Trustees Act
- 1866 - Trustees and Mortgage Powers Act
- 1867 - Press and Registration of Books Act
- 1868 - General Clauses Act
- 1869 - Divorce Act
- 1870 - Court Fees Act
- 1870 - Land Acquisition Act
- 1870 - Female Infanticide Act
- 1870 - Female Infanticide Prevention Act
- 1870 - Hindu Wills Act
- 1872 - Code of Criminal Procedure (revised)
- 1872 - Indian Contract Act
- 1872 - Indian Evidence ActIndian Evidence ActThe Indian Evidence Act, originally passed by the British parliament in 1872, contains a set of rules and allied issues governing admissibility of any evidence in the Indian courts of law. Before Indian Evidence Act,India was subjected to Personal Laws as correctly may be said that of Muslims and...
- 1872 - Special Marriages Act
- 1872 - Punjab Laws Act
Law Commissions in Independent India
The tradition of pursuing law reformLaw reform
Law reform or Legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency....
through the medium of a Law Commission
Law Commission
A Law Commission or Law Reform Commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring...
was continued in post-independent India. The first law commission in Independent India was established in 1955 and since then seventeen more law commissions have been established. Each of these Commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the legal diaspora of India. The contribution of the each of these Commissions has been enumerated below.
First Law Commission
The first Law Commission of independent India was established in 1955. The Chairman of this Commission was Mr. M. C. SetalvadM. C. Setalvad
M. C. Setalvad was an eminent Indian jurist, who became the first and longest serving Attorney General of India . He also remained the Chairman of the First Law Commission of India , which is mandated for legal reform in the country by Government of India...
, who was also the First Attorney General of India. The term of this Commission was established as three years (which my convention has been followed till date) and this Commission submitted its last report on 16 September 1958. The reports submitted by the First Law Commission of India are as under;
| Report No. | Date of Presentation | Title of Report |
|---|---|---|
| 1 | |
Liability of the State in Tort |
| 2 | |
Parliamentary Legislation relating to Sales Tax |
| 3 | |
Limitation Act, 1908 |
| 4 | |
On the proposal that High Courts should sit in Benches at different places in a State |
| 5 | |
British Statutes Applicable to India |
| 6 | |
Registration Act, 1908 |
| 7 | |
Partnership Act, 1932 |
| 8 | |
Sale of Goods Act, 1930 |
| 9 | |
Specific Relief Act, 1877 |
| 10 | |
Law of Acquisition and Requisitioning of Law |
| 11 | |
Negotiable Instruments Act, 1881 |
| 12 | |
Income Tax Act, 1922 |
| 13 | |
Contract Act, 1872 |
| 14 | |
Reform of Judicial Administration |
Second Law Commission
The Second Law Commission was established in 1958 under the Chairmanship of Justice T. V. Venkatarama Aiyar. It stayed in office till 1961. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 15 | |
Law relating to Marriage and Divorce amongst Christians in India |
| 16 | |
Official Trustees Act, 1913 |
| 17 | |
Report on Trusts Act, 1882 |
| 18 | |
Converts’ Marriage Dissolution Act, 1866 |
| 19 | |
The Administrator-General's Act, 1913 |
| 20 | |
The Law of Hire-Purchase |
| 21 | |
Marine Insurance |
| 22 | |
Christian Marriage and Matrimonial Causes Bill,1961 |
Third Law Commission
The Third Law Commission was established in 1961 under the Chairmanship of Justice J. L. Kapur. It stayed in office till 1964. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 23 | |
Law of Foreign Marriages |
| 24 | |
The Commission of Inquiry Act, 1952 |
| 25 | |
Evidence of Officers about forged stamps, currency notes, etc. Section 509-A Cr.P.C. as proposed |
| 26 | |
Insolvency Laws |
| 27 | |
The Code of Civil Procedure, 1908 |
| 28 | |
The Indian Oaths Act, 1873 |
Fourth Law Commission
The Fourth Law Commission was established in 1964 and was again under the Chairmanship of Justice J. L. Kapur. It stayed in office till 1968. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 29 | |
Proposal to include certain Social and Economic Offences in the Indian Penal Code, 1860 |
| 30 | |
Section 5 of the Central Sales Tax Act, 1956, taxation by the States in the course of import |
| 31 | |
Section 30(2) of the Indian Registration Act, 1908 - Extension to Delhi |
| 32 | |
Section 9 of the Code of Criminal Procedure, 1898 |
| 33 | |
Section 44 of the Code of Criminal Procedure, 1898 |
| 34 | |
Indian Registration Act, 1908 |
| 35 | |
Capital Punishment |
| 36 | |
Section 497, 498 and 499 of the Code of Criminal Procedure, 1898 |
| 37 | |
The Code of Criminal Procedure, 1898 |
| 38 | |
Indian Post Office Act, 1898 |
Fifth Law Commission
The Fifth Law Commission was established in 1968 under the Chairmanship of Mr. K. V. K. Sundaram. It stayed in office till 1971. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 39 | |
Punishment for imprisonment for life under the Indian Penal Code |
| 40 | |
Law relating to attendance of Prisoners in Courts |
| 41 | |
The Code of Criminal Procedure, 1898 |
| 42 | |
Indian Penal Code |
| 43 | |
Offences against the National Security |
| 44 | |
The Appellate Jurisdiction of the Supreme Court in Civil Matters |
Sixth Law Commission
The Sixth Law Commission was established in 1971 under the Chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1974. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 45 | |
Civil Appeals to the Supreme Court on a Certificate of Fitness |
| 46 | |
The Constitution (Twenty-Fifth Amendment) Bill, 1971 |
| 47 | |
The trial and punishment of Social and Economic Offences |
| 48 | |
Some questions under the Code of Criminal Procedure Bill, 1970 |
| 49 | |
The proposal for inclusion of agricultural income in the total income |
| 50 | |
The proposal to include persons connected with the Public examination within the definition of 'Public Servant' |
| 51 | |
Compensation of injuries caused by automobiles in hit-and-run cases |
| 52 | |
Estate duty on property acquired after death |
| 53 | |
Effect of the Pensions Act, 1871 on the right to sue for pensions of retired members of public service |
| 54 | |
The Code of Civil Procedure, 1908 |
| 55 | |
Rate of Interest after decree and interest on costs under Section 34 and 35 of the Code of Civil Procedure, 1908 |
| 56 | |
Statutory Provision as to the Notice of Suit other than Section 80, Civil Procedure Code |
| 57 | |
Benami Transactions |
| 58 | |
Stature and Jurisdiction of the Higher Judiciary |
| 59 | |
Hindu Marriage Act, 1955 and Special Marriage Act, 1954 |
| 60 | |
The General Clauses Act, 1897 |
| 61 | |
Certain problems with the power of the States to levy a tax on the sale of goods |
Seventh Law Commission
The Seventh Law Commission was established in 1974 again under the Chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1977. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 62 | |
Workmen's Compensation Act, 1923 |
| 63 | |
The Interest Act, 1839 |
| 64 | |
The Suppression of Immoral Traffic in Women and Girls Act, 1956 |
| 65 | |
Recognition of Foreign Divorces |
| 66 | |
Married Women's Property Act, 1874 |
| 67 | |
The Indian Stamp Act, 1899 |
| 68 | |
The Power of Attorney Act, 1882 |
| 69 | |
The Indian Evidence Act, 1872 |
| 70 | |
The Transfer of Property Act, 1882 |
Eighth Law Commission
The Eighth Law Commission was established in 1977 under the Chairmanship of Justice H. R. Khanna. It stayed in office till 1979. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 71 | |
Irretrievable breakdown of marriage as a ground for divorce |
| 72 | |
Restriction on practice after being a permanent judge |
| 73 | |
Criminal liability for failure by husband to pay maintenance or permanent alimony granted to the wife |
| 74 | |
Proposal to amend the Indian Evidence Act, 1872 so as to render Admissible certain statements made by witnesses before Commissions of Inquiry and other Statutory Authorities |
| 75 | |
Disciplinary jurisdiction under the Advocates Act, 1961 |
| 76 | |
Arbitration Act, 1940 |
| 77 | |
Delay and arrears in trial courts |
| 78 | |
Congestion of under trial persons in jails |
| 79 | |
Delays and arrears in High Courts and other Appellate Courts |
| 80 | |
Method of Appointment of Judges |
Ninth Law Commission
The Ninth Law Commission was established in 1979 under the Chairmanship of Justice P. V. Dixit. It stayed in office till 1980. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 81 | |
Hindu Widows Re-marriage Act, 1856 |
| 82 | |
Effect of nomination under Section 39, Insurance Act, 1938 |
| 83 | |
The Guardian and Wards Act, 1890 |
| 84 | |
Rape and allied offences-some questions of substantive law, procedure and evidence |
| 85 | |
Claims for compensation under Chapter 8 of the Motor Vehicles Act, 1939 |
| 86 | |
The Partition Act, 1893 |
| 87 | |
Identification of Prisoners Act, 1920 |
Tenth Law Commission
The Tenth Law Commission was established in 1981 under the Chairmanship of Justice K. K. Mathew. It stayed in office till 1985. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 88 | |
Governmental Privileges in Evidence |
| 89 | |
The Limitation Act, 1963 |
| 90 | |
The Grounds for Divorce amongst Christians in India |
| 91 | |
Dowry deaths and law reform |
| 92 | |
Damages in applications for Judicial Review Recommendations for legislation |
| 93 | |
Disclosures of sources of information by mass media |
| 94 | |
Evidence obtained illegally or improperly |
| 95 | |
Constitutional Division within Supreme Court |
| 96 | |
Repeal of certain obsolete Central Acts |
| 97 | |
Section 28 of the Indian Contract Act, 1872: prescriptive clauses in contracts |
| 98 | |
Sections 24 to 26 of the Hindu Marriage Act, 1955 |
| 99 | |
Oral and written arguments in the Higher courts |
| 100 | |
Litigation by and against the Government |
| 101 | |
Freedom of Speech and Expression under Article 19 of the Constitution |
| 102 | |
Section 122(1) of the Code of Criminal Procedure, 1973 |
| 103 | |
Unfair Terms in contracts |
| 104 | |
The Judicial Officers' Protection Act, 1850 |
| 105 | |
Quality control and inspection of consumer goods |
| 106 | |
Section 103A, Motor Vehicles Act, 1939 |
| 107 | |
Law of Citizenship |
| 108 | |
Promissory Estoppel |
| 109 | |
Obscene and Indecent Advertisements and Displays |
| 110 | |
Indian Succession Act, 1925 |
| 111 | |
Fatal Incidents Act, 1955 |
| 112 | |
Section 45 of the Insurance Act, 1938 |
| 113 | |
Injuries in Police Custody |
Eleventh Law Commission
The Eleventh Law Commission was established in 1985 under the Chairmanship of Justice D. A. Desai. It stayed in office till 1988. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 114 | |
Gram Nyayalaya |
| 115 | |
Tax Courts |
| 116 | |
Formation of an All India Judicial Service |
| 117 | |
Training of Judicial Officers |
| 118 | |
Method of appointment to subordinate courts |
| 119 | |
Access to Exclusive Forum for victims of motor accidents |
| 120 | |
Manpower planning in Judiciary |
| 121 | |
A new forum for Judicial Appointments |
| 122 | |
Forum for National uniformity in Labour Adjudication |
| 123 | |
Decentralization in Administration of Justice |
| 124 | |
The High Court Arrears - A fresh look |
| 125 | |
The Supreme Court - A fresh look |
| 126 | |
Government and Public Sector Undertaking Litigation policy and Strategies |
| 127 | |
Resource Allocation for Infra-Structural Services in Judicial Administration |
| 128 | |
Cost of Litigation |
| 129 | |
Urban Litigation - Mediation as alternative to Litigation |
| 130 | |
Benami Transactions : A continuum |
| 131 | |
Role of legal profession in Administration of Justice |
Twelfth Law Commission
The Twelfth Law Commission was established in 1988 under the Chairmanship of Justice M. P. Thakkar. It stayed in office till 1989. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 132 | |
Need for Amendment of the Provisions of the Chapter IX of the Code of Criminal Procedure, 1973 in order to ameliorate the hardship and mitigate the distress of Neglected Women, Children and Parents |
| 133 | |
Removal of discrimination against Women in matters relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare Principle |
| 134 | |
Removing Deficiencies in certain provisions of the Workmen's Compensation Act, 1923 |
| 135 | |
Women in Custody |
| 136 | |
Conflicts in High Court decisions on Central Laws - How to foreclose and how to resolve |
| 137 | |
Need for creating office of Ombudsman |
| 138 | |
Legislative Protection for Slum and Pavement Dwellers |
| 139 | |
Urgent need to amend Order XXI, Rule 92(2), Code of Civil Procedure |
| 140 | |
Need to amend Order V, Rule 19A of the Code of Civil Procedure |
| 141 | |
Need for amending the laws as regards power of courts to resolve criminal revisional applications and criminal cases dismissed for default in appearance |
| 142 | |
Confessional treatment for offenders who on their own initiative choose to plead guilty without any bargaining |
| 143 | |
Legislative safeguards for protecting the small depositors from exploitation |
Thirteenth Law Commission
The Thirteenth Law Commission was established in 1991 under the Chairmanship of Justice K. N. SinghKamal Narain Singh
Kamal Narain Singh was a Chief Justice of the Supreme Court of India. He is a graduate of the University of Allahabad. He served as Chief Justice of India from November 25, 1991 until December 12, 1991....
. It stayed in office till 1994. It presented the following reports;
| Report No. | Presented in | Title of Report |
|---|---|---|
| 144 | |
Conflicting Judicial decisions pertaining to the Code of Civil Procedure, 1908 |
| 145 | |
Article 12 of the Constitution and Public Sector Undertakings |
| 146 | |
Sale of Women and Children: Proposed Section 373-A, Indian Penal Code |
| 147 | |
The Specific Relief Act, 1963 |
| 148 | |
Repeal of Certain pre-1947 Central Acts |
| 149 | |
Removal of certain deficiencies in the Motor Vehicles Act, 1988 (Act No. 59 of 1988) |
| 150 | |
Suggesting some Amendments to the Code of Civil Procedure (Act No. V of 1908) |
| 151 | |
Admiralty Jurisdiction |
| 152 | |
Custodial Crimes |
| 153 | |
Inter-Country Adoption |
Fourteenth Law Commission
The Fourteenth Law Commission was established in 1995 under the Chairmanship of Justice K. Jayachandra Reddy. It stayed in office till 1997. It presented the following reports;| Report No. | Date of Presentation | Title of Report |
|---|---|---|
| 154 | |
The Code of Criminal Procedure, 1973 (Act No. 2 of 1974) |
| 155 | |
The Narcotics Drugs and Psychotropic Substances Act, 1985(Act No. 61 of 1985) |
| 156 | |
The Indian Penal Code |
Fifteenth Law Commission
The Fifteenth Law Commission was established in 1997 under the Chairmanship of Justice B. P. Jeevan Reddy. It stayed in office till 2000. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 157 | |
Section 52:Transfer of Property Act, 1882 and its Amendment |
| 158 | |
The Amendment of the Industries (Development and Regulation) Act, 1951 |
| 159 | |
Repeal and Amendment of Laws: Part I |
| 160 | |
Amendment to the All India Council for Technical Education Act, 1987 (Act No. 52 of 1987) |
| 161 | |
Central Vigilance Commission and Allied Bodies |
| 162 | |
Review of functioning of Central Administrative Tribunal, Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal |
| 163 | |
The Code of Civil Procedure (Amendment) Bill, 1997 |
| 164 | |
The Indian Divorce Act, 1869 (Act IV of 1869) |
| 165 | |
Free and Compulsory Education for Children |
| 166 | |
The Corrupt Public Servants (forfeiture of property) Bill |
| 167 | |
The Patents (Amendment) Bill, 1998 |
| 168 | |
The Hire-Purchase Act,1972 |
| 169 | |
Amendment of Army, Navy and Air Force Act |
| 170 | |
Reform of Electoral Laws |
| 171 | |
The Biodiversity Bill, 2000 |
| 172 | |
Review of Rape Laws |
| 173 | |
Prevention of Terrorism Bill, 2000 |
| 174 | |
Property Rights of Women: Proposed Reforms Under the Hindu Law |
Sixteenth Law Commission
The Sixteenth Law Commission was established in 2000. For the period till 2001 Justice B. P. Jeevan Reddy continued as the Chairman of the Commission while in the period between 2002 to 2003 the Commission worked under the Chairmanship of Justice M. Jagannadha Rao. It presented the following reports;| Report No. | Presented in | Title of Report |
|---|---|---|
| 175 | |
The Foreigners (Amendment) Bill, 2000 |
| 176 | |
The Arbitration and conciliation (Amendment) Bill, 2002 |
| 177 | |
Law Relating to Arrest |
| 178 | |
Recommendations for amending various enactments, both civil and criminal |
| 179 | |
Public Interest Disclosure and Protection of Informers |
| 180 | |
Article 20 (3) of the Constitution of India and Right to Silence |
| 181 | |
Amendment to Section 106 of the Transfer of Property Act, 1882 |
| 182 | |
Amendment of Section 6 of the Land Acquisition Act, 1894 |
| 183 | |
A Continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes |
| 184 | |
Legal Education & Professional Training and Proposals for amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 |
| 185 | |
Review of the Indian Evidence Act, 1872 |
Seventeenth Law Commission
The Seventeenth Law Commission was established in 2003 and continued to be under the Chairmanship of Justice M. Jagannadha RaoM. Jagannadha Rao
Justice M. Jagannadha Rao B.Sc., L.L.B. was Chief Justice of Kerala High Court and Delhi High Court and Judge of Supreme Court of India.-Brief Lifesketch:...
. It stayed in office till 2006. It presented the following reports;
| Report No. | Presented in | Title of Report |
|---|---|---|
| 186 | |
Proposal to Constitute Environment Courts |
| 187 | |
Mode of Execution of Death Sentence and Incidental Matters |
| 188 | |
The Proposals for Constitution of Hi-Tech Fast - Track Commercial Divisions in High Courts |
| 189 | |
Revision of Court Fees Structure |
| 190 | |
The Revision of the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999 |
| 191 | |
Regulation of Funds collected for Calamity Relief. |
| 192 | |
Prevention of vexatious Litigation |
| 193 | |
Transnational Litigation, Conflict of Laws, Law of Limitation |
| 194 | |
Verification of Stamp Duties and Registration of Arbitral Awards |
| 195 | |
The Judges (Inquiry) Bill, 2005 |
| 196 | |
Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners) |
| 197 | |
Public Prosecutor's Appointments |
| 198 | |
Witness Identity Protection and Witness Protection Programmes |
| 199 | |
Unfair (Procedural and Substantive) Terms in Contracts |
| 200 | |
Trial by Media : Free Speech Vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971) |
| 201 | |
Medical Treatment after Accidents and During Emergency Medical Condition and Women in Labour |
Eighteenth Law Commission
The incumbent Law Commission of India is Eighteenth in number and following the convention behind establishment of the Law Commissions in India, has been constituted for a three years tenure. It was constituted on 1 September 2006 by Order No. A.45012/1/2006-Admn.III (LA) of the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi. Its tenure has been fixed till 31 August 2009. Unlike the previous Commissions, the Eighteenth Law Commission was constituted of just one permanent Members with the Commission has been empowered to employ the services of part-time Members or other academicians which it would deem proper for its working. Previously the trend had been to empanel a number of permanent members with a lesser number of part-time members.Members
Justice M. Jagannadha Rao continued to serve as the Chairman of the Commission until 28 May 2007 on which date Justice A. R. LakshmananA. R. Lakshmanan
Arunachalam Chettiar Lakshmanan, B.A., B.L., is a former judge of the Supreme Court of India.He studied in Chennai . Before his elevation to the Supreme Court in 2002, he served as a judge on the Madras High Court and Kerala High Court. He was also appointed as Chief Justice of Rajasthan High...
was appointed as the Chairman of the Commission. Currently, the membership of the Law Commission stands as follows;
Chairman (1)
- Justice A. R. LakshmananA. R. LakshmananArunachalam Chettiar Lakshmanan, B.A., B.L., is a former judge of the Supreme Court of India.He studied in Chennai . Before his elevation to the Supreme Court in 2002, he served as a judge on the Madras High Court and Kerala High Court. He was also appointed as Chief Justice of Rajasthan High...
Permanent Members (1)
- Professor Dr. Tahir MahmoodTahir MahmoodDr. Tahir Mahmood, Member, Law Commission of India, is a renowned jurist specializing in Islamic Law, Hindu Law, Religion and Law and Law Relating to Minorities. He has been Dean, Faculty of Law, University of Delhi, Chairman, National Commission for Minorities, Member, National Human Rights...
Member-Secretary (1)
- Dr. D.P. Sharma (also serving as the Chief Executive of the Commission)
Part-Time Members (6)
- Justice I. Venkatanarayana
- Shri O.P. Sharma
- Dr. K.N. Chandrasekharan Pillai
- Dr. Mrs. Devinder Kumari Raheja
- Prof. Mrs. Lakshmi Jambholkar
- Smt. Kirti Singh
Research Staff (6)
- Ms. Pawan Sharma (Additional Government Counsel)
- Shri J.T. Sulaxan Rao (Additional Government Counsel)
- Shri Sarwan Kumar (Deputy Government Counsel)
- Shri A.K. Upadhyay (Assistant Government Counsel)
- Dr. V.K. Singh (Assistant Government Counsel)
- Shri C. Radha Kriahna (Assistant Government Counsel)
Terms of Reference
The Eighteenth Law Commission was entrusted with a nine-point Terms of Reference. These relate to;- Review and Repeal of obsolete laws;
- Law and poverty;
- Review of judicial administration system;
- Propose legislation implementing Directive Principles of State Policy;
- Review legislation to promote gender equality;
- Simplification of existing laws;
- Updating existing laws;
- Recommend on other areas it deems proper; and
- Provide research to foreign countries upon request by Ministry.
Reports
As of now, the Eighteenth Law Commission has submitted the following reports to the Ministry of Law and Justice;| Report No. | Date of Presentation | Title of Report |
|---|---|---|
| 202 | |
Proposal to Amend Section 304-B of the Indian Penal Code |
| 203 | |
Section 438 of the Code of Criminal Procedure, 1973 as Amended by the Code of Criminal Procedure (Amendment) Act, 2005 (Anticipatory Bail) |
| 204 | |
Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005 |
| 205 | |
Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other allied Laws |
| 206 | |
Proposal for enactment of new Coroners Act applicable to the whole of India |
| 207 | |
Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving herself acquired property with no heirs |
| 208 | |
Proposal for the amendment of explanation to Section 6 of the Hindu Succession Act, 1956 to include oral partition and family arrangement on the definition of 'partition' |
| 209 | |
Proposal for the omission of Section 213 from the Indian Succession Act, 1925 |
| 210 | |
Humanization and Decriminalization of Attempt to Suicide |
| 211 | |
Laws on Registration of Marriages and Divorce - A proposal for Consolidation and Reform |
| 212 | |
Laws of Civil Marriage in India - A proposal to Resolve Certain Conflicts |
| 213 | |
Fast Track Magisterial Courts for Dishonoured Cheque Cases |
| 214 | |
Proposal for reconsideration of Judges Case I, II and III - S P Gupta Vs, UOI |
| 215 | |
L. Chandra Kumar be revisited by Larger Bench of Supreme Court |
| 216 | |
Non-Feasibility of introduction of Hindi as compulsory language in the Supreme Court of India |
| 217 | |
Irretrievable Breakdown of Marriage – Another Ground for Divorce |
| 218 | |
Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction (1980) |
| 219 | |
Need for Family Law Legislations for Non-resident Indians |
| 220 | |
Need to fix Maximum Chargeable Court-fees in Subordinate Civil Courts |
| 221 | |
Need for Speedy Justice – Some Suggestions |
| 222 | |
Need for Justice-dispensation through ADR etc. |
| 223 | |
Need for Ameliorating the lot of the Have-nots - Supreme Court's judgments |
Working of the Law Commission
The Law Commission works in close co-ordination and under the general instruction of Ministry of Law and JusticeMinistry of Law and Justice (India)
The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the , the Ministry is vested with the responsibility of administration of legal affairs, justice, and legislative affairs in India....
. It generally acts as the initiation point for law reform in the country. Internally, the Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007), the Commission works upon the assigned agenda and primarily comes up with research based reports, often conclusive and recommendatory. The permanent members of the Commission generally are responsible for framing the exact topic and reference to work upon and often takes the services of eminent law experts and jurists who are familiar with the matter under review. These experts may either work part time with the Commission or may have been requested to contribute to specific reports or issues under review.
According to the Commission's website, the Commission's regular staff consists of about a dozen research personnel of different ranks and varied experiences with a small group of secretarial staff looks after the administration side of the Commission's operations and the internal functioning of the Commission can be described as a process with the following stages;
- Initiation of projects at the Commission's meetings;
- Discussion of priorities; identification of topics and assignment of preparatory work to Members;
- Adoption of methodologies for collection of data and research;
- Outlining of problems and determination of areas for reform;
- Consultations with public, professional bodies and academic institutions;
- Evaluation of responses and preparation of draft of report;
- Discussion and scrutiny of report, leading to its finalization; and
- Forwarding of report to the Ministry of Law and Justice.
Once the Report is submitted to the Ministry of Law and Justice
Ministry of Law and Justice (India)
The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the , the Ministry is vested with the responsibility of administration of legal affairs, justice, and legislative affairs in India....
, the task of the Commission ends unless it is required to rework upon identified areas of provide clarifications by the Government on the report submitted. Upon receipt of the Report, it is the responsible for follow-up action on the recommendations made by the Commission in the Report. Generally the Ministry of Law and Justice forwards the Report with its remarks to other relevant Ministries in the Government of India and seeks from them their opinion on the relevance of the recommendation and finalizes with them the manner of implemendation of these recommendations. When the proposals are cleared by the various Ministries and approved by the Cabinet, the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
.
Role of Law Commission in Legal Reform in India
Law Commission of India, though an ad hoc body, has been a key instrumentality in the process of law reform in India. Its role has not only been advisory but also critical of the government policies and has been recognized by the Supreme Court of IndiaSupreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
and also the academia
Academia
Academia is the community of students and scholars engaged in higher education and research.-Etymology:The word comes from the akademeia in ancient Greece. Outside the city walls of Athens, the gymnasium was made famous by Plato as a center of learning...
as pioneering and prospective. In a number of decisions the Supreme Court has referred to the work done by the Law Commission and followed its recommendations. The fact that the Chairman of the Law Commission is generally a retired Judge of the Supreme Court has only helped the prominence of the Commission.
There is no binding value of the recommendations of the Commission, for "they are recommendations. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations." This has resulted in a number of important and critical recommendations not being implemented. However the Commission has continued to work upon its assigned tasks.
The power vested in the Commission to suo motu take up matters for discussion and submit recommendations has also worked well to the advantage of the legal system in the country. The history of the Commission is replete with such recommendations which have been made in the wake of the hour and where the law has needed change. Further, the Commission has been often returned to review its earlier reports in the wake of changed scenarios and the aptness of law in such situations. Euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
and related issues, in particular, has been one such area where the Commission has been relook the situation at least three times, with the latest being its 196th report on the topic.
Besides the Law Ministry, the Commission has also been requested to work upon specific issues and submit its views by the Supreme Court on various occasions. The latest in regard has been the 205th Report of the Commission which has been prepared in view of the Supreme Court's request for assistance in determination of "certain legal issues relating to child marriage, and the different ages at which a person is defined as a child in different laws." The Report stirred a public debate in India for recommending inter alia, a reduction in marriage age of boys to be at par with girls at 18, instead of the long continuing 21 and 18 respectively.
With all its past and present works being continuously provided on the internet, the Commission has also provided a firm assistance to legal research in the country. The fact that a number of its reports have been taken receptively by the various Ministries and have been worked upon to change the legal scenario, is itself an indicator sufficient enough of the role of the Commission in furtherance of law reform in India.
See also
- Autonomous law schools in IndiaAutonomous law schools in IndiaThe term Autonomous law schools in India refers to the law schools founded in India pursuant to the second-generation reforms for legal education sought to be implemented by the Bar Council of India. The first such autonomous law school was the National Law School, Bangalore which admitted its...
- Common Law Admission TestCommon Law Admission TestCommon Law Admission Test is a centralised test for admission to prominent National Law Universities in India. The test is taken after the 12th grade for admission to graduation courses in Law. This exam was conducted for the first time on 11 May 2008. A total number of 1037 seats from seven law...
- Law CommissionLaw CommissionA Law Commission or Law Reform Commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring...
- Law reformLaw reformLaw reform or Legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency....
- Legal Education in India
- List of law schools in India
- Ministry of Law and Justice (India)Ministry of Law and Justice (India)The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the , the Ministry is vested with the responsibility of administration of legal affairs, justice, and legislative affairs in India....
- Supreme Court of IndiaSupreme Court of IndiaThe Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
External links
- Official Website of the Law Commission of India
- Reports of Law Commission of India 1-50
- Reports of Law Commission of India 51-100
- Reports of Law Commission of India 101-169
- Reports of Law Commission of India 170-195
- How does Law Commission function?
- Interview of Current Chairman of Law Commission
- Ministry of Law and Justice (India)
- Law Commissions of other countries