Parliament – Sessions, Procedures, Motions, Committees etc

Centre notifies the constitution of the 23rd Law Commission

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure
Note4Students

From UPSC perspective, the following things are important :

Prelims level: 23rd Law Commission and Terms of its reference

Why in the News?

The Union government has notified the constitution of the 23rd Law Commission of India with effect from September 1.

Terms of Reference of the 23rd Law Commission:

  • The 23rd Law Commission has been tasked with addressing similar objectives as previous Commissions, such as:
    1. Identifying outdated laws that can be repealed.
    2. Creating Standard Operating Procedures (SoP) for the periodic review of laws.
    3. Identifying laws that are not in harmony with economic needs and suggesting amendments.
  • Like its predecessors, it will examine laws in light of the DPSP and suggest improvements or new legislation to fulfill the objectives outlined in the Preamble of the Constitution.
  • PM’s call for a uniform civil code reflects the need to implement, a Directive Principle outlined in the Constitution.

About the Law Commission of India:

Details
Nature Non-statutory body periodically constituted by the Government of India. It is an Executive Body.
Establishment
  • First Commission during British India: Established in 1834 under the Charter Act of 1833, chaired by Lord Macaulay, Focused on the codification of laws like the Penal Code and Criminal Procedure Code.
  • First Commission in Independent India: Established in 1955, chaired by M. C. Setalvad, then Attorney-General of India.
Primary Role
  • Advises the Ministry of Law and Justice on legal reform and reviews existing laws to suggest improvements and draft new legislation.
  • Recommendations are advisory and NOT binding on the government.
Composition
  • Headed by a Chairperson (usually a retired Supreme Court Judge or Chief Justice of a High Court),
  • 4 full-time members (including a Member-Secretary), ex-officio members (Secretaries of the Departments of Legal Affairs and Legislative Department), and
  • Up to 5 part-time members.
Tenure 3 years, with provisions for reconstitution or extension as required by the government.
Key Functions • Undertakes legal research.
• Review existing laws for reforms.
• Recommends repeal of obsolete laws.
• Suggest amendments and new legislations.
• Examines laws that affect the poor and marginalized.
Notable Recommendations by 22nd law Commission • Uniform Civil Code.
• Amendments to the sedition law.
• Repeal of obsolete laws.
• Gender equality in personal laws.
• Improvements in judicial administration.
Reports Submitted Over 277 reports on various legal issues including the implementation of international conventions, compulsory registration of marriages, etc.
Recent Activity The 22nd Law Commission is focusing on issues like the Uniform Civil Code and amendments to the sedition law (Section 124A), among other legislative reforms.

 

PYQ:

[2014] The power to increase the number of judges in the Supreme Court of India is vested in:

(a) the President of India

(b) the Parliament

(c) the Chief Justice of India

(d) the Law Commission

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