The President of India, Draoupadi Murmu, has approved the constitution of the 23rd Law Commission of India. The Union Ministry of Law and Justice issued a notification to this effect on 2 September 2024. The term of the previous 22nd Law Commission ended on 31 August 2024.
The Law Commission will be under the administrative control of the Union Ministry of Law and Justice.
The Law Commission, like the NITI Aayog, is neither a constitutional body nor a statutory body.
This means that there is no mention of a Law Commission in the Indian Constitution, and the Parliament has not passed a law to set up the Law Commission.
The Law Commission is an executive body created by executive order of the President of India. Thus, all its recommendations are advisory in nature.
The central government is not bound to accept the recommendation of the Law Commission. However Law Commission reports are widely debated in the country as they are produced by members who are the serving Judges of the Supreme Court and the High Court.
According to the notification of the Government of India, the 23rd Law Commission of India will have five full-time members.
The Chairman and the full-time member of the Law Commission will be serving judges of the Supreme Court or the High Courts.
The 23rd Law Commission will comprise of;
The 23rd Law Commission's tenure will be three years, from 1 September 2024 to 31 August 2027.
The Law Commission reviews the country's legal system and suggests changes to improve it and make it more justice-oriented.
The Government of India also specified the terms of reference for the Law Commission. Some of the references for the 23rd Law Commission are as follows;
The 1833 Charter Act provided for the appointment of a Law Commission by the Governor General in Council. The first Law Commission was set up in 1834 with Lord Thomas Babington Macaulay as its Chairman.
During the British period, four Law Commissions were set up in 1834,1853, 1861 and 1879.
After Independence
After Independence, the first Law Commission was set up by the President of India in 1955, with M.C. Setalvad as its chairman.
The duration of the first Law Commission was of three years (1955-58).
The Chairman of the 22nd Law Commission was Justice Ritu Raj Awasthi (2020-24).