The Law Commission of India is an advisory body established by the Ministry of Law & Justice, Department of Legal Affairs through a government notification. Its specific mandate is to conduct research in the field of law and provide recommendations to the government in the form of reports. As a non-statutory body, the Commission has been tasked with various subjects referred to it by the Department of Legal Affairs, Supreme Court, and High Courts, and has submitted 277 reports to date.
This material can be used for both UPSC as well as state PSCs or PCS exams. To know the exam calendar for UPSC 2023.
Table of Contents
Who was the chairman of the first law commission of India?
In 1955, the inaugural Law Commission of Independent India was established with M. C. Setalvad, the Attorney-General of India at the time, appointed as its chairman.
Who are the members of the Law Commission of India?
The 22nd Law Commission will be constituted for a period of 3 years from the date of publication of its Order in the Official Gazette. It will consist of:
1) A full-time Chairperson; (Retired Judge of the Supreme Court or Chief Justice of a High Court)
2 ) 4 full-time Members (including Member-Secretary)
3) Secretary, Department of Legal Affairs as ex-officio Member;
4) Secretary, Legislative Department as ex officio Member; and
5) Not more than five part-time Members.
Source – PIB
What is the tenure of the Law Commission of India?
The term of the law commission of India is usually 3 years. The tenure of the 22nd Law Commission of India ends on February 20, 2023. However, the term of the 22nd law commission has been extended up to August 31, 2024. Justice (retd) Rituraj Awasthi, former Chief Justice of Karnataka High Court, is heading the 22nd Law Commission of India
What is the history of the law commission of India?
During the time when the British Raj was ruling in India, the first Law Commission was set up in 1834 by the Charter Act of 1833. Lord Macaulay was the chairman of this commission.
Who drafted the Indian Penal Code?
The Indian Penal Code was drafted by the first Law Commission which was chaired by Thomas Babington Macaulay. It was drafted in 1834 and submitted to the Council of Governor-General of India in the year 1835. However, the final IPC after multiple revisions were completed in 1860 and implemented during the tenure of Lord Canning (1856-1862) who was Governor General of India and later became the Viceroy of India.
The Law Commission of India: Role, History, and Relevance for Legal Aspirants
The Law Commission of India plays a critical role in legal reform and shaping the judicial landscape of the country. It functions as an advisory body to the Ministry of Law and Justice, identifying outdated laws, recommending reforms, and suggesting new legislation. For law students and aspirants preparing for UPSC, State Public Service Commissions, Judiciary exams, and CLAT PG, understanding the Law Commission is crucial for both static legal knowledge and current affairs.
What is the Law Commission of India?
The Law Commission of India is a non-statutory and advisory body constituted by the Government of India to recommend legal reforms. Though it has no legislative authority, its reports often serve as the foundation for major legal reforms.
- Type: Non-statutory, advisory
- Constitutional Status: Not a constitutional or statutory body
- Parent Ministry: Ministry of Law and Justice, Department of Legal Affairs
- Tenure: Typically constituted every 3 years
- Current Commission: 22nd Law Commission (as of 2023–2026)
Historical Background
| Commission | Period | Notable Contributions |
|---|---|---|
| First Law Commission (British India) | 1834 | Headed by Lord Macaulay; drafted the Indian Penal Code (IPC), 1860 |
| Post-independence Law Commissions | Since 1955 | Focused on modernizing colonial-era laws, simplifying legal procedures, and codification |
Key Points for Exams:
- The First Law Commission was established under the Charter Act of 1833.
- T.B. Macaulay was the Chairman of the first commission, which led to the drafting of the IPC.
- Post-independence, the first Law Commission was constituted in 1955, chaired by M.C. Setalvad, India’s first Attorney General.
Functions and Objectives
The main functions of the Law Commission include:
- Review of existing laws to identify outdated or redundant provisions.
- Codification and simplification of complex laws.
- Judicial reforms and suggestions to reduce pendency in courts.
- Addressing legal issues on public demand or suo motu.
- Promoting legal awareness and access to justice.
- Drafting new legislation upon request by the government.
Key Reports and Recommendations
Over the years, the Commission has submitted over 275 reports. Some notable reports include:
| Report No. | Subject |
|---|---|
| 42nd Report | Comprehensive review of the Constitution (Emergency provisions, Directive Principles) |
| 156th Report | Indian Penal Code Revision |
| 200th Report | Trial and punishment of hate speech |
| 262nd Report | Death penalty—recommended abolition for all crimes except terrorism |
| 277th Report | Protection of Children from Sexual Offences (POCSO) Act reforms |
Relevance for Exams:
Questions on these reports often appear in UPSC Mains (GS-II or Law optional), Judiciary exams, and interviews.
Recent Developments
- 22nd Law Commission (2023–2026) is chaired by Justice Ritu Raj Awasthi, former Chief Justice of Karnataka High Court.
- It has taken up issues like Uniform Civil Code (UCC), simultaneous elections, sedition laws, and age of consent under POCSO.
How Are Law Commissions Constituted?
- Constituted by the Union Cabinet.
- Typically consists of:
- A Chairperson (usually a retired judge of the Supreme Court or Chief Justice of a High Court)
- Members (legal scholars, judges, lawyers)
- Member Secretary
- Appointed for a term of three years, though this may vary.
Importance of the Law Commission
- Bridges the gap between law and society by recommending responsive and inclusive legislation.
- Helps the executive and legislature stay updated with changing socio-legal needs.
- Aims to reduce judicial backlog by suggesting procedural reforms.
- Vital in law curriculum and public policy development.
Challenges Faced
- Lack of binding authority—its recommendations are not mandatory.
- Delay in implementation of reports by the government.
- Limited independence, as it functions under the Ministry of Law and Justice.
Exam-Oriented Summary
| Feature | Details |
|---|---|
| First Law Commission | 1834 (under Charter Act, chaired by Macaulay) |
| First post-independence Commission | 1955, chaired by M.C. Setalvad |
| Current Commission | 22nd, chaired by Justice Ritu Raj Awasthi |
| Status | Non-statutory, advisory |
| Parent Ministry | Ministry of Law and Justice |
| Notable Reports | 42nd, 262nd, 277th |
| Key Focus Areas | Legal reform, codification, judicial efficiency |
Conclusion
The Law Commission of India remains a crucial part of India’s legal ecosystem. While it lacks direct legislative powers, its influence on legal reforms, judicial processes, and policymaking is profound. For law students and competitive exam aspirants, a clear understanding of the Law Commission’s structure, reports, and impact is essential to cracking both objective and descriptive sections related to Indian Polity and Law.
