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News:

The Union government has notified the constitution of the 23rd Law Commission of India with effect from September 1.

Notably, there is no law or statute governing the functioning of the Law Commission. It is notified through an executive order or notification because it’s not a statutory body like the National Human Rights Commission (NHRC) or the Lokpal. Instead, it performs a consultative role.

The commission is usually chaired by a retired judge of the Supreme Court or a High Court, and has legal scholars as members. Serving judges can also be appointed to the commission, according to the notification on the appointment of the new panel.

The government is under no obligation to accept the reports of Commission; however, the commissions’ recommendations have over the decades led to the enactment of important legislation including the Code of Criminal Procedure, 1973 (CrPC), and the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act).

The terms of reference of the 23rd Law Commission are broadly the same as those of the past few commissions: THREE YEARS.

In independent India, the first Law Commission was established in 1955 with its chairman being the then Attorney General M.C. Setalvad.

The time spent by them in the performance of such functions as chairperson/member of the Commission shall be treated as “actual service,” the notification states.

 However, no additional remuneration apart from the salary, as a judge of the Supreme Court or High Court, as the case may be, shall be admissible for performing their functions and duties.

Why & how the first Law Commission was set up

The Charter Act 1833 enabled the Governor-General in Council to appoint a Commission, called the Law Commission of India, to inquire into the nature and operation of all laws, written or customary or in force in any part of British India, to which any resident of India was subject, prepare a report, and advise the Legislative Council on legislative matters.

During the British period, four Law Commissions were constituted to prepare drafts on various subjects of legislation for codification. The First Law Commission with Lord Thomas Babington Macaulay as the First Law Member and three other members drafted the Penal Code in 1837, the Limitation Law in 1842 and the Scheme of Pleading and Procedure in 1848,” the Law Commission’s official website says.

The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act. etc. are products of the labour of the first four Law Commissions.

 

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