Context (IE): The Union government of India has established the 23rd Law Commission for a period of three years (2024 to 2027).
About Law Commission
A non-statutory body established by the Union Ministry of Law and Justice (gazette notification).
Since Independence, 22 Law Commissions have submitted 289 reports, many of which have shaped key Indian laws. E.g. the Code of Criminal Procedure (1973) and the Right to Education Act (2009).
The recommendations of the commission arenot binding on the government.
The Law Commission is usually chaired by a retired Supreme Court or High Court judge. Its members include legal scholars and sometimes serving judges.
23rd Law Commission
Composition
The Commission will have a full-time chairperson, four full-time members, ex-officio members, the Secretary of the Legal Affairs and Legislative Departments, and up to five part-time members.
The government has not yet appointed (to be done by the Appointments Committee of Cabinet chaired by the Prime Minister) the members of the commission.
The chairperson and members can be serving judges of the Supreme Court or High Courts, or other qualified individuals, as seen in previous Law Commissions. Usually, the chairperson is a retired judge.
Key Responsibilities
Identify obsolete laws which can be repealed to streamline the legal system.
Conduct audits of laws that affect the poor to ensure that legislation is fair and beneficial to all.
Provide its views on any law referred by the Ministry of Law and Justice.
Examine existing laws in light of the Directive Principles of State Policy. It will suggest ways to improve and reform these laws and propose new legislation to implement the Directive Principles.
Examine the impact of globalisation on food security and unemployment. It will recommend measures to protect the interests of marginalised groups in the face of these global trends.
Reviewing the judicial administration system to make it more responsive to contemporary demands.
The 22nd Law Commission, set up in February 2020, had its chairperson and members appointed in November 2022. It was working on reports regarding the Uniform Civil Code and simultaneous elections, but these were not completed before its term ended on August 31, 2023.
The 22nd Law Commission recommended retaining Section 124A of the Indian Penal Code, the sedition law, citing internal security threats like Maoism, militancy, terrorism, and the Khalistan movement. It also proposed amendments to clarify its usage.
