President Murmu Approves Constitution of 23rd Law Commission

President Droupadi Murmu has approved the formation of the 23rd Law Commission of India for a three-year term, effective from 1 September 2024 to 31 August 2027. This commission will consist of a full-time chairperson, four members, and additional ex-officio and part-time members. Its primary mandate is to review and recommend legal reforms to enhance the Indian legal system.

Background

The 22nd Law Commission’s term ended on 31 August 2024. It had been functioning without a chairperson for several months, delaying critical reports on issues such as the Uniform Civil Code and simultaneous elections. The previous chairperson, Justice Ritu Raj Awasthi, resigned in March 2024 after a 17-month tenure. Consequently, some reports, including one on simultaneous elections, could not be submitted due to procedural requirements.

Terms of Reference for the 23rd Law Commission

Review and Repeal of Obsolete Laws: Identify laws for repeal, develop a Standard Operating Procedure (SoP) for periodic reviews, and suggest necessary amendments.

Law and Poverty: Examine laws affecting the poor and conduct audits of socio-economic legislation.

Judicial Administration: Address delays, reduce costs, and simplify court processes to enhance case disposal efficiency.

Directive Principles and Constitutional Objectives: Review laws in light of Directive Principles and suggest improvements to achieve constitutional objectives.

Gender Equality: Review existing laws and suggest amendments to promote gender equality.

Revision of Central Acts: Revise significant Central Acts to address anomalies and ambiguities.

Government References: Consider and convey views on law and judicial administration topics referred by the Government.

International Research Assistance: Provide research assistance to foreign countries as referred by the Government.

Globalization Impact: Examine the impact of globalization on food security and unemployment, and recommend measures to protect marginalized interests.

Additional Provisions

• Final recommendations will be developed after consulting relevant Ministries/Departments and stakeholders.
• Reports will be submitted in Hindi and English, available to both Houses of Parliament and on the Law Commission’s website.
• The commission will partner with law universities and policy research institutions, offering internships and engaging consultants as needed.

Composition and Tenure

The 23rd Law Commission will include a Chairman and four full-time members (including a Member-Secretary), as well as ex-officio members from the Departments of Legal Affairs and Legislative Affairs, and up to five part-time members. It will function under the administrative control of the Union Ministry of Law and Justice.

Role and Function

As an executive body created by presidential order, the Law Commission’s recommendations are advisory. Although the central government is not obliged to accept its recommendations, these reports are influential and widely debated, often authored by serving judges of the Supreme Court and High Courts.

Key Points : Law Commissions

1833 Charter Act: Provided for the appointment of a Law Commission by the Governor General in Council.

First Law Commission (1834): Established with Lord Thomas Babington Macaulay as Chairman.

British Period Law Commissions: Four were set up in 1834, 1853, 1861, and 1879.

Post-Independence: The first Law Commission after Independence was established in 1955 by the President of India, with M.C. Setalvad as Chairman.

Duration of the First Law Commission: 1955-58 (three years).

22nd Law Commission Chairman: Justice Ritu Raj Awasthi (2020-24).