NEWS – Justice Dinesh Maheshwari, former Supreme Court judge, was appointed as the Chairperson of the 23rd Law Commission of India.

ABOUT THE LAW COMMISSION OF INDIA

• A non-statutory and advisory body constituted by the Union Government.
• Aims to ensure just and fair laws and recommend legal reforms.
• Functions under the Ministry of Law and Justice.
• Not defined under the Constitution but aligned with Article 39A (Directive Principles of State Policy – equal justice and free legal aid).
• It is an ad hoc body, set up for a specific purpose and tenure.

History of the Law Commission in India

Pre-Independence

• First Law Commission (1834) was established under the Charter Act of 1833.
• Chaired by Lord Macaulay during British rule.

Post-Independence

• First Law Commission of independent India set up in 1955.
• Headed by M.C. Setalvad, India’s first Attorney General.
• So far, 22 Law Commissions have been constituted.
• The 22nd Law Commission was chaired by Justice Ritu Raj Awasthi.

Creation of the Law Commission

• Constituted through a government resolution after the expiry of the previous commission.
• Requires presidential assent.
• The Union Government appoints the Chairperson, typically a retired Supreme Court judge.

Composition of the Law Commission

• Headed by a Chairperson (usually a retired SC judge).
• Includes legal experts, academicians, senior advocates, and sometimes former bureaucrats.
• Members are appointed for a term of three years.

Functions and Role of the Law Commission

• Review Existing Laws:
  • Identify and recommend repeal of obsolete or redundant laws.
• Propose New Legislation:
  • Address emerging legal needs or fill gaps in the system.
• Simplify Legal Processes:
  • Make laws more accessible and understandable to the common citizen.
• Judicial Reforms:
  • Suggest measures for efficiency, reduction of judicial delays, and improvement in justice delivery.