Central Government notifies 23rd Law Commission for a term of 3 years

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. 

Law Commission, an Executive Body 

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.

Composition of the 23rd Law Commission of India 

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; 

• Chairman,
• Four full-time Members (including Member-Secretary); 
• Ex officio Member, Secretary, Department of Legal Affairs ; 
• Ex officio Member, Secretary, Legislative Department; and 
• Maximum five part-time Members.

Tenure of the 23rd Law Commission 

The 23rd  Law Commission's tenure will be three years, from 1 September 2024 to 31 August 2027.

Functions of the 23rd Law Commission 

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;  

• Identify laws that are no longer needed or relevant.
• For periodic reviews, including simplifying language and processes,it shall develop a Standard Operating Procedure (SoP). 
• Identify laws that need amendments so as to meet the current economic needs.
• Suggest amendments for laws requiring changes.
• Propose measures for quick redressal of citizens' grievances.
• Review laws affecting the poor of the country and conduct post-enactment audits of socio-economic legislation.
• Reform in the judicial system for quick disposal of cases 
• Simplify court process  and bring uniformity in various High Court rules 
• Review existing laws and suggest measures to promote  gender equality

About Law Commissions 

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).