Legal Vidhiya

REFORMS RECOMMENDED BY LAW COMMISSION REPORTS

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This article is written by Sirin Sabana of BALLB of 5th Semester of Heritage Law College, an intern under Legal Vidhiya

Abstract

The Law Commission of India has been very important since 1955 because it helped in shaping the country’s legal framework and judicial advisory body. Over the decades, the commission’s work has directly influenced the major legislation enactment for such as the Code of Criminal Procedure, 1973, the Right of Children to Free and Compulsory Education Act, 2009 and the National Green Tribunal Act, 2010. It has also provided crucial inputs for amendments to some of the laws, like the Arbitration and Conciliation Act, by creating and enhancing the Commercial Courts matter and resolving the mechanism disputes. One of its most significant contributions had been the recommendation of the repeal of obsolete and redundant legislation, with the removal of more than 1,500 central acts from the statute books by simplifying and modernising the legal framework. The Commission’s reports address judicial administration, access to justice, and the emerging challenges, such as digital governance and human rights reflects a comprehensive approach to legal development beyond the statute reforms. Although their recommendations are non-binding and advisory, many of them have been adopted by the government, demonstrating the Commission’s influence on legislative policy and jurisprudence in India.

Keywords

Law Commission of India, Legal Reforms, Criminal Justice System, Obsolete Laws Repeal, Judicial Reforms, Social Justice, Policy Recommendations, Law Reform Process

Introduction

The Law Commission of India is a part of an executive body that is a functioning part of the advisory body of the government, which issues reports with suggestions and a wide range of information on how to update, consolidate, or repeal laws. It is generally reconstituted after every three years and ensures the needs of the citizens of India and aligning with political situations. India’s Law Commission had issued a vast and numerous reports collected over the decades, covering a vast range of legal areas, including the judicial administration system, criminal law, and aimed to form the electoral reforms and processes. Its recommendations are not binding, but may have led to significant legislative changes. Since 1955, there have been 22 law commissions in India, which are in line with the spirit of Article 39A of the Constitution.

Key Reforms and Recommendations from Some Major Reports

Criminal Justice Reforms – India’s Law Commission has submitted around 280 reports, which offer critical and insightful reviews that have significantly shaped India’s legal discourse and reforms. In the 262nd Report, it is stated about the abolition of the death penalty and abolition for all crimes that are related to terror attacks and waging of war against any of the state.

The 21st Law Commission submits another report, is the ‘Wrongful Prosecution (Miscarriage of Justice): Legal Remedies,’ which was Report 277, that addresses the lack of compensation for the innocent individuals under false evidence convicted due to police or prosecutorial misconduct (e.g., false evidence, malicious charges)

Under Section 124A of the Sedition Law, the report recommended the retention proposing an enhanced minimum punishment, which has generated a significant debate.

Electoral and Political Reforms – 170th Report of Law Commission of India recommends the reforms ensuring free and fair elections, transparency in the election financing, focusing on disqualification of the candidates with criminal records and the inner-party democracy.

In the 225th Report titled “Electoral Reforms” of the Law Commission of India, submitted in March 2015, provides a comprehensive suggestion for improving the fairness, transparency and integrity of India’s election process. The report also issues a wide range of requests and issues from the Ministry of Law and Justice of the Supreme Court. The report also states that the individuals against whom the charges have been framed, like the Criminal Charges for the crime of grave offences (e.g., terrorism, sexual offences), should be disqualified from the elections that are going to be contested, and the period should be extended up to 5 years, so that the person can not contest the next election.

Personal Laws and Social Justice – Multiple reports have examined and implemented a code that is the ‘Uniform Civil Code’(UCC) for the replacement of the disparate personal laws and to ensure to provide equality to all, through the recent commissions’ reports that have been recommending balanced approaches with the social impacts in mind. Also in the 21st Law Commission of India states in 2018 that UCC was “neither necessary nor desirable at this stage”.

Apart from this under the 21st Law Commission, submitted a report stating the Compulsory Registration of Marriage in India with the proposal of amendments to the Birth and Death Registration Act, 1696, rather than creating the personal laws, to ensure that all marriage registration records are recorded for easier enforcement of rights, for preventing fraud and the facilitating benefits like the maintenance and inheritance.

Criminal Law Modernisation – The latest report issued by the Law Commission of India has covered a wide range of legal issues, reflecting the main issue on the evolution of the legal landscape of the country. The report also suggested constitutional amendments, civil law modification, and socio-legal matters. Suggested below some of the most significant reports are – report on Uniform Civil Code, Sedition Law under Section 124A of IPC, Electoral Reforms, Data Protection and Private Laws, Report on Death Penalty, Alternative Dispute Resolution (ADR) Mechanisms, Environmental Laws and Climate Change.

The Criminal Justice System of India is often criticised for its slow and outdated processes. According to the latest Report it suggests the comprehensive reforms in criminal laws, including the Indian Penal Code (IPC), Code of  Criminal Procedure (CrPC) and the Evidence Act. The recommendations include – The outdated laws to reflect the modern realities, strict penalties introduced for heinous crimes, faster trials ensured and reducing judicial backlog.

Data, Privacy and Digital Law – India do not have a proper framework or standalone law to govern data protection. The IT Act or The Information Technology Act, 2000 forms the basis around which the data protection framework revolves, and the rules are notified thereunder, which includes the Information Technology (Reasonable Security Procedures and Practices and the Sensitive Personal Data or Information) Rules, 2011 (Privacy Rules)

In 2017, the case of Justice K. S. Puttaswamy(Retd.) v. Union of India [Writ Petition No. 494/ 2012] upheld that privacy is a fundamental right, and it was given by a constitutional bench of nine judges of the Supreme Court of India, which lies under Article 21 of the Constitution of India. The DPDP Bill that was eventually passed by both houses of the Indian Parliament marked a significant change to the original draft of the bill. The Act has introduced several compliances with respect to the collection, processing, and transfer of digital personal data. This Act is only applicable to personal data in digital form, and it does not regulate any non-personal and non-digital data. The current privacy regime is clarified within the IT Act and the Privacy Rules. The Government of India has released a draft of the rules under the DPDP Act, to clarify the regime of the current privacy is contained within the IT Act and the Privacy Rules.

Alternative Dispute Resolution – ADR is an initiative aimed at developing technology which is a substitute that serves the traditional dispute resolution method. It is essential to supplement and preserve the court’s functions.

In Food Corporation of India v. Joginderpal Mohinderpal observed by the Supreme Court, “We should make the law of arbitration more simple, less technical and more responsible to the actual realities of the situations, and also should be responsible to canon of justice and fair play and make the arbitrator adhere to such process and norms which will create confidence, and will create justice that will appear to have been done.”

The Law Commission of India states the reason for judicial delays which is not the absence for clear procedural law. The Law Commission of India also stated explicitly in the 14th Report that the delay was due to the non-observance of many of the legislation’s critical provisions, for those who particularly intended to expedite the disposition of proceedings.

Environmental and Climate Law –  The Climate and Environment laws play an important role to serve the instruments of accountability, corruption, compelling states and individuals to act responsibly. This legal framework aims to preserve an equilibrium and harmonise economic progress with the ecological system that underpins the concept of sustainable development. These laws not only prohibit environmental harm but also promote the preventive measures and restorative measures through mechanisms such as the pollution controlling boards, environmental assessment, impact and energy renewable.

If we look at the Indian context, the evolution of the legal responses to environmental issues has been fragmented by the statutes into a more comprehensive system rooted in the constitutional principles and judicial activism. Articles 48A and 51(g) of the Indian Constitution state the duty of both the state and citizens to improve and protect the environment, which sets a strong foundation for ecological governance. This paper seeks to understand their relationship with global legal standards and the ongoing challenges in enforcement and compliance, and how it was analysed and evolved.

Repeal of Obsolete Laws –  Based on the recommendation of the pre-independence Law Commission, several Acts were enacted, e.g., Religious Endowments Act 1863, General Clauses Act 1868, Indian Contract Act 1872, etc. After India received Independence, the Law Commission has had a long record of successful law reforms since its establishment in 1955; out of 277 reports, 92 reports have been implemented. The first Law Commission report was the 14th Report titled ‘Reforms of Judicial Administration’ in 1958, of both civil and criminal. The 20th Law Commission has submitted four reports, in which reports 248 to 251 recommend the Repeal of Obsolete Laws/Outdated Laws, which may result in the repeal of the legislature of over 500 central Acts.

Judicial and Procedural Reforms – The domain of the State Government set up the Fast Track Courts (FTCs) in the recommendation of the High Court because its functioning lies in their hands. During 2015-20, 1800 FTCs were recommended to be set up by the 14th Finance Commission for dealing with the heinous crime cases; civil cases related to children, women, senior citizens, etc. and property-related cases remained pending for over 5 years. The Commission also urged State Governments to utilise the enhanced fiscal space available through tax devolution (32% to 42%) for this purpose. Now, across 854 FTCs are functioning across the country since August 2025.

Apart from that, the Commercial Courts are also set up in India for implementing the Commercial Laws, which provide a comprehensive legal framework that governs business and trade-related activities and other Commercial transactions. The Commercial Court Act, 2015, was enacted to establish specialised courts dedicated to handling commercial disputes expeditiously and efficiently. This Court also aims to provide a fast-track mechanism for resolving business conflicts, reducing the burden on traditional civil courts, and making improvement in India’s business environment. As per the report from December 2017, a total of 247 Commercial Courts were established in India by the respective State Governments.

Some Important Examples Of Influential Reports and Their Focus

Overall Impact of Law Commission Reports (India)

By the evolution of the Indian legal system with the continuous recommendations from the reforms that reflect the changing needs of the society and government, which has a profound and lasting impact by the Law Commission of India. Historically, even pre-independence Law Commission helped in giving frame and shape to the foundational legal frameworks such as the Indian Penal Code (IPC), Indian Evidence Act and other central statutes, where the groundwork for uniform legal administration lies across the country. After India got Independence, the Commission’s reports had directly influenced significant legislative reforms, for its instant enactment of the CrPC, 1973, based on comprehensive recommendations by the suggestive reports, the Right of Children to Free and Compulsory Education Act, 2009 and the National Green Tribunal Act, 2010. The Law Commission of India also played a central role in repealing over 1500 obsolete central Acts, which streamlines India’s legal corpus and removes redundant laws that no longer serve contemporary needs. Many of its amendments to modern laws are guided and recommended by the Law Commission of India, such as the Arbitration Act, and the Conciliation Act and the establishment of  Commercial Courts, that reflects the role in the procedural and commercial law reforms. Beyond legislation, the Commission’s work extends to judicial reforms, strengthens institutions such as the Election Commission, and addresses complex social and human rights issues through policy suggestions and through objective analysis. Although the Law Commission recommendations are non-binding and advisory, they are not implemented immediately, they make policy with intellectual influence, legislative drafting and substantial judicial reasoning. These contributions collectively demonstrate the role of the Commission critically as a catalyst for legal modernisation, and help to ensure that the law remains relevant, rational and responsive to social and constitutional imperatives.

References

  1. 14th Edition Mahendra Pal Singh, CONSTITUTION OF INDIA 350 EBC, 2022.
  2. Law Commission of India: Role, Reforms, and Impact on Legal System, https://blog.upscgeeks.in/blog/general-studies-II/polity/law-commission-of-india-role-reforms-impact (last visited Dec. 14, 2025).
  3. 170th Report of the Law Commission, https://share.google/TbNwGOKaPQzuk8Z3J (last visited Dec. 14, 2025).
  4. Make registration of marriages compulsory, https://www.thehindu.com/news/national/make-registration-of-marriages-compulsory/article19210742.ece (last visited Dec. 14, 2025).
  5. Data protection laws in India, https://share.google/imEEDatBTqVHfiBAy (last visited Dec. 15, 2025).
  6. International Journal of Criminal, Common and Statutory Law 2024, https://www.criminallawjournal.org (last visited Dec. 15, 2025).
  7. Achievements/Impact of Law Commission Report, https://lawcommissionofindia.nic.in/achievements-impact-of-law-commission-report (last visited Dec. 15, 2025).

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