TWENTY SECOND LAW COMMISSION

Syllabus: Statutory, regulatory and various quasi-judicial bodies.

Context

The Government has constituted the 22nd Law Commission of India for a period of three year with effect from 21st February, 2020.The term of 22nd Law Commission has since been extended up to 31stAugust, 2024.

The composition of 22nd Law Commission of India as under:

  • a full-time Chairperson;
  • four full-time Members (including Member-Secretary);
  • Secretary, Department of Legal Affairs as ex officio Member;
  • Secretary, Legislative Department as ex officio Member; and
  • not more than five part-time Members.

The Government has appointed Chairperson, four Full-time Members (including Member-Secretary) and two Part-time Members in the 22nd Law Commission of India.

What is a law Commission

  • A law 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 commissions are typically composed of legal experts, such as judges, lawyers, and academics.
  • They may also include other professionals, such as social scientists or economists.

The functions of a law commission can vary from country to country, but they typically include the following:

  • Reviewing existing laws to identify areas that need reform
  • Making recommendations for new legislation
  • Promoting public awareness of law reform issues
  • Providing advice to the government on legal policy

Law commissions can play an important role in ensuring that the law is fair, effective, and up-to-date. They can also help to identify and address legal problems that may not be apparent to the general public.

In India, the Law Commission of India is a non-statutory body that was established in 1955. The commission is headed by a retired judge of the Supreme Court and has a membership of about 10 other legal experts. The commission’s terms of reference are to review the laws of India and to make recommendations for their reform.

Role

  • The Law Commission of India has played a significant role in the development of Indian law.
  • The commission has submitted over 270 reports on a wide range of legal topics, including criminal law, civil law, constitutional law, and environmental law.
  • The commission’s recommendations have often been influential in shaping the law of India.

Here are some examples of the work of the Law Commission of India:

  • In 1960, the commission recommended the abolition of the death penalty. This recommendation was not implemented, but it helped to raise awareness of the issue and to pave the way for future reforms.
  • In 1973, the commission recommended the codification of the Indian Penal Code. This recommendation was implemented in 1973, and the new Penal Code came into force in 1974.
  • In 2000, the commission recommended the reform of the Indian Evidence Act. This recommendation was implemented in 2005, and the new Evidence Act came into force in 2006.

The work of the Law Commission of India is an important contribution to the development of the law in India. The commission’s recommendations have helped to make the law more fair, effective, and up-to-date. The commission’s work has also helped to raise awareness of legal issues and to promote public debate on law reform.

Source: PIB

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