Law Commission of India:

GS Paper 2:

Syllabus: Various statutory and constitutional bodies.

 

Context:

The Law Commission is functioning without a Chairperson.

• The Commission, constituted for a term of three years, has not released any report after the tenure of the last Chairperson, Justice B.S. Chauhan, ended in August 2018.

 

What’s the issue?

The 22nd Law Commission was constituted by the Government on February 21, 2020. However, no progress has been made in the appointments till date.

 

About the law commission of India:

It is an executive body established by an order of the Government of India.

• Originally formed in 1955, the commission is reconstituted every three years and so far, 277 reports have been submitted to the government.
• The last Law Commission, under Justice B.S. Chauhan (retd.), had submitted reports and working papers on key issues such as simultaneous elections to the Lok Sabha and the Assemblies and a uniform civil code.

 

Composition:

• Apart from having a full-time chairperson, the commission will have four full-time members, including a member-secretary.
• Law and Legislative Secretaries in the Law Ministry will be the ex-officio members of the commission.
• It will also have not more than five part-time members.
• A retired Supreme Court judge or Chief Justice of a High Court will head the Commission.

 

Roles and functions:

• The Law Commission shall, on a reference made to it by the Central Government or suo motu, undertake research in law and review of existing laws in India for making reforms and enacting new legislation.
• It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation, etc.

 

Reforms needed:

The Law Commission should be brought under a statute with definite terms on appointments, its functions and powers spelt out.

 

Insta Curious:

Did you know that prior to independence, the First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay?

 

InstaLinks:

Prelims Link:

1. What is a PIL?
2. What are Parliamentary Privileges?
3. Powers of Supreme Court vs High Court wrt to PILs.

Mains Link:

What is the doctrine of Separation of Power? Discuss how it is followed under the Indian Constitution.

 

Q.3) Consider the following statements:

1. The 22nd Law Commission was constituted by the Government in February 2020.
2. The Law commission of India is an executive body.

Which of the above statements is/are correct?

1. 1 only.
2. 2 only.
3. Both.
4. None. 

Sources: the Hindu.