
This article is written by Manaswini Datar of Karnataka State Law University, an intern under Legal Vidhiya
ABSTRACT
This article is on law commission and it’s reports. Article takes through the meaning of law commission and it’s evolution in India. During the pre-independence era there 4 law commission formed by British rule. The discussion continues on legal status, admissibility of law commission, what are law reports and methodology. Till today there are totally 22 law commission formed, the article picks up few important reports from previous commissions. Recently the 22nd committee has been formed. The Law Commission of India has got its official website and has various information and facilities.
INTRODUCTION
To bring a better change in society the laws should be stronger. Enactment of any law in India is not an easy task. It requires consideration of many aspects. Sometimes there will be a problem in which the laws should be made, to make better conducting a detailed study will be required. The law commission of India does the same work. It conducts studies on various issues and makes a report. It also makes guidelines and suggestions. The government may consider the report or may not. The law commission helps in understanding the issue in depth and aids in coming up with the best possible solutions. Law commission mainly deals with research work. Till today 22 commission are formed and total of 277 reports are submitted. Our of which many are considered by the Parliament and enactment are brought.
WHAT IS LAW COMMISSION?
Law commission is a body which conducts research on various law related issues and comes up with solutions and guidelines. Law commission is an executive body. It’s not a statutory or constitutional body. Committees are formed on time to time whenever issue arises in connection with the existing law, for creating a law or any other social problems.
VISION
Reforming the laws for maximizing justice in society and promoting governance under the rule of law.
HOW DOES LAW COMMISSION FUNCTION?
There are two ways by which the committee is formed and works on projects. 1. By reference 2. Suo moto.
1. By reference: The commission works on the various projects by reference of Central government, Supreme court and High Courts.
2. By Suo moto: If the commission by looking at the importance and need to study and research of any particular subject it formulates committee Suo motto (on its own).
IMPORTANT FUNCTIONS OF LAW COMMISSION OF INDIA.
• The law commission undertakes research in law and reviews the existing law in India for making reforms
• It acts as an advisory body to ministry of law
• Identifies the laws which are no longer needed or relevant.
• Revise the Central Acts
• Study on various topics on the problem faced by country.
• It gives the report of all the above research and studies to the Government.
COMPOSITION
Law commission has a chairman. Justice Ritu Raj Awasthi is the chairman for 22nd law commission of India.
Members: Apart from chairman it has 3 permanent members and 2 part time members. Two members are ex officio.
The commission also composites of Joint secretary and law officer. Additional law officer, deputy law officer, Assistant law officer, deputy secretary, undersecretary section officer are other various designations.
The above designation of non-permanent members may vary as per the requirement for the particular project.
LEGAL STATUS
Legal status of the Law commission is Ad Hoc. According to the Cambridge Dictionary Ad Hoc means ‘ for a particular purpose or need ‘. Ad Hoc is for a short period or temporary and for specific purpose. Therefore the law commission is Ad Hoc which means it’s not permanent. It is formed whenever the government thinks necessary to form the commission. Even the qualifications that required for the chairman of the committee and other members is not specified. It varies from committee to committee. Whenever there is a need to form a committee, the central government form it for that particular purpose on issue of law and for specific time.
LAW COMMISSION OF INDIA AS AN EXECUTIVE BODY.
Law commission of India is not a Constitutional body nor a statutory body. Constitutional body are those which are formed by the provisions of Constitution. Statutory bodies are those which are formed by the provisions of any Act. The law commission doesn’t fall in any of the above. It is an executive body. The commission is formed whenever the government orders for it. Government being executive, the law committee formed by the order of such executive body is also an executive body.
LAW COMMITTEE REPORT AND IT’S ADMISSIBILITY
Whenever a Law Committee is formed every committee submits reports on various topics. Report is an outcome of research and study conducted by committee for the particular tenure. It is systematically drafted under the guidance of chairman, Members and member secretary. For example in first committee of post-independence reports were submitted on Tortuous Liability of the State. Report advising on Sales Tax laws. Reports on amendments needed to the Limitation Act etc.
But are these reports mandatory for the Parliament to follow? The answer is no. Reports act as suggestions and guidelines. While making laws Parliament and State legislature may consider the report or may not while making the law. They may also take only few suggestions from the report and avoid the rest. Therefore the reports do not impose a compulsion, they act as guidelines and suggestions. The 16th report of the Committee was considered and it lead to enactment of Right of Children to Free and Compulsory Education Act, 2009. Law commission had submitted a report on necessary points which are required to be amended in the Arbitration and Conciliation Act,1996. Later the Arbitration and Conciliation (Amendment) Bill 2015 was introduced by considering the report. These were few examples where the reports were considered.
METHODOLOGY
When the committee gets reference for the preparation of report it usually follows certain steps. The priorities are set for further research. The work is assigned to Member and member – secretary of the commission. Later the methodology for the collection of the data is decided. Commission conducts various meetings in the assigned time period. Papers and questionnaire are sent to the interest groups and stakeholders. The commission also encourages suggestions from any person. Also from education institutions, academic and students. After collecting the data the final reports are made. However the above steps are not strict in nature. This is the general method that is followed by law commission.
EVOLUTION OF LAW COMMISSION IN INDIA
The law commission is not a new concept for India. It’s birth is traced from British era. The evolution of law commission of India can be divided into two parts. First being the evolution in pre independence and second being evolution in post-Independence. The first law commission of pre independent India was formed in the year 1834. One of the purposes of this Act was to reduce the control of East India Company and maximize the control with the British parliament. The Act made provision for appointment of Law commission for the proof codification and consideration of the Indian law. It also provided that Ann the enactments made in India should be submitted to the British parliament and should be named as ‘Act’. In the British era four law commissions were formed for various purposes. Let us have a glance on these four pre independence law commissions.
FIRST LAW COMMISSION:
The first law commission was formed in the year 1834. This was under the Chairmanship of Lord Macaulay. The objective of the commission was to recommend the codification of Penal Code and the Civil Procedure Code.
SECOND LAW COMMISSION:
The second law commission was formed in the year 1853. The term of the commission was for 3 years. Sir John Romilly was the chairman of this commission. Contribution of this commission were, introduction of Indian Penal Code of 1837, introduction of Civil Procedure Code of 1858, introduction of Limitation Act of 1859, and introduction of Criminal Procedure Code if 1861.
THIRD LAW COMMISSION:
The third law commission was formed in the year 1861. This also had the term for three years. The commission was under the Chairmanship of Sir John Romilly. The contributions of this commission were, Amendment of laws of inheritance which were enacted at the time of British. The commission also recommended changes to The Criminal Procedure Code of 1860.It also recommended changes for negotiable instruments Act.
FOURTH LAW COMMISSION:
It was formed in year 1879. It had a tenure of three years. Sir Whitley Sokes was the Chairman of the fourth law commission. This commission recommended foe the amendment of negotiable instruments Act. It also gave report of major changes that were required to be made in the Criminal Procedure Code of 1882 and Civil Procedure Code of 1882.
The concept of law commission did not end by the end of British era. There were many developments which took place after the independence. Indian independence Act,1957 was enacted, and from 1947 to 1949 dominion legislature made the laws. Later when constitution was adopted in the year 1950, the power of making the laws vested in Parliament and State Legislature. Article 372 of the Constitution provides that all the laws which were made at the time of British shall be continued even after independence until they are repealed or amended. However even though there was no ant provision for constitution of Law commission the Parliament and others demanded for constitution of Law Commission of India. Till today 22 law commission are formed. The first law commission was formed in the year 1955. It submitted 14 reports. It was established by the Central Government. The object of the first commission of independent India was introducing law reforms. The duration of the commission was for three years.
IMPORTANT REPORTS OF LAW COMMISSION OF INDIA
In the 16th Law Commission a report was submitted to make certain Amendments in the Indian Evidence Act. The report suggested to include revenue courts and tribunals in the definition of court. as the technology is growing rapidly and many crimes, breach of contracts etc. can also be done through computers. Hence the commission suggested to consider the evidence produced by the computer should be treated like other records.
The 20th commission gave reports on electoral reforms. This gave suggestions on election finance, regulation of political parties, anti-defection laws and to strengthen the office of election commission.
The report on Alternative Dispute Resolution System to make the process of ADRS more effective so that it reaches even to the rural area and also for the establishment of like Adalat’s.
The law commission also looks at the implementation of the laws which are already enacted. To form a law commission accent of President is required. After passing the resolution in both the houses the resolution is sent to President for the assent. After receiving the assent the central government forms the commission. After the completion of tenure of the commission a new commission may be formed.
LAW COMMISSION OF INDIA WEBSITE.
The Law Commission of India has its official website. It provides the latest news and events and about the commission. It also states about the successful reports which were considered and were implemented as from report to laws. The website has a ‘citizen’s corner ‘ in which it takes public grievances. It also has details if every commission formed and the reports. It gives facilities of Right to Information by giving details about the RTI officers. Website regularly posts about the tenders, recruitments and various programmes. Website has made it easy for every citizen to have access to all the reports.
CONCLUSION
The law commission aids in making better laws. It’s suggestions and guidelines are many times considered and enacted as law. History of law commission in India goes back to the time of British. However the purpose of the pre independence commission and post-Independence Commission is different. Whenever the committee is formed in present it aims at researching on the topics for betterment of the society. The commission is not or permanent for long period of time, it is dissolved after the given tenure. It also helps in implementing the law. Law committee should be formed often for creation of better laws and society.
REFERENCES
https://g.co/kgs/Ws3Tcu 20/05/2023
https://blog.ipleaders.in/law-commission-of-india-2/ Last visited on 18/05/2023
https://www.drishtiias.com/daily-updates/daily-news-analysis/law-commission-of-india-3 Last Visited on 18/05/2023
https://byjus.com/free-ias-prep/law-commission/ Last visited on 17/05/2023
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