This article is written by Shraileen Kaur, a law student at ICFAI University, Dehradun. In this article, the author discusses in detail the Law Commission of India’s historical evolution, composition, powers, concerns, limitations, and reports as well as recommendations by the Law Commission of India.
This article has been published by Sneha Mahawar.
Table of Contents
Introduction
The law is one of the most dynamic elements in society. As society advances, social structures change, and the need for changes in the laws arises. To meet this demand, a think tank is needed that can do legal research, recommend laws, and provide reports on the prevalent situation. On the international level, we have the International Law Commission headquartered in Geneva, Switzerland. It was founded by the charter of the United Nations General Assembly (UNGA) of 1947 under Article 13(1)(a). At the national level, we have the Law Commission of India, which acts as a think tank for the government of India on legal aspects of Indian society. The Law Commission of India is an advisory body that provides recommendations for improvising legal statutes. The Law Commission of India is responsible for the legal reforms introduced in India.
The Law Commission of India comprises some of the greatest minds in India in the field of law. On one hand, the Commission checks the arbitrary nature of the executive and, on the other hand, the Commission also provides recommendations to the legislature for new as well as existing laws. However, the Law Commission of India is only an advisory body, and the recommendations provided by the Commission are subject to the approval of the Government of India.
Law Commission
The Law Commission of India is an executive-level advisory body that was established by the government of India. The Law Commission of India is neither a constitutional body nor a statutory body. The Commission is an ad hoc body that is constituted to achieve a desired goal or objective of improvising the legal system in India. The Law Commission of India is composed of certain legal experts, advocates, judges, as well as professors. The Commission is headed by a retired judge. The Commission carries out the function of advising the Indian government by doing legal research and suggesting legal reforms depending on the prevalent situation. The commission is established under the Ministry of Law and Justice for a fixed time period, normally 3 years.
It is to be noted that the Law Commission of India is not defined under the Indian Constitution. However, it is constituted as a part of the implementation of Article 39A of the Constitution of India, which was included by the Constitution (Forty-second Amendment) Act of 1976. Article 39A of the Constitution of India obliges the state to –
- ensure that the legal system functions to promote justice based on equal opportunity for all;
- shall offer free legal assistance through appropriate legislation or programs;
- to guarantee that no citizen is deprived of the opportunity to get justice due to a lack of resources or other impediments.
The Commission had Justice Balbir Singh Chauhan as its last chairman. He served as the chairman of the 21st Law Commission of India till August 31st, 2018. The tenure of the 21st Law Commission of India expired on August 31st, 2018. Later on, the Government of India established the 22nd Law Commission for a period of 3 years starting on February 21, 2020. However, since the inception of the 22nd Law Commission of India, it has been a part of the news as it does not have a chairman or members appointed.
Recently, the Supreme Court of India asked the Ministry of Law and Justice the reason behind so much delay in the appointment of the Chairman and members of the 22nd Law Commission of India. In a reply to the Supreme Court of India, Minister of Law and Justice Kiren Rijiju stated that, as per the Constitution of India, no time frame has been drawn for the appointment of the Chairman and members of the Law Commission of India. Advocating the unnecessary delay, the Minister of Law and Justice stated that it is important for the Law Commission of India to represent members of all sections of society.
Historical evolution of the Law Commission of India
The history of the Law Commission in India dates back to British rule. Initially, the First Law Commission of India was established by the East India Company under the Charter Act of 1833. The Commission had Lord Thomas Babington Macaulay as its chairman. It was constituted in the year 1834. The four other members of the First Law Commission were as follows-
- Charles Hay Cameroon (Distinguished British jurist)
- John Macleod (a physiologist who devoted his knowledge to diverse topics)
- George William Anderson (the then-official governor of Bombay)
- F. Millet (Additional member of the Commission other than the 3 members representing the 3 main provinces, namely, Bombay, Calcutta and Madras)
Before independence, a total of four law commissions were established by British rule. The First Law Commission after independence was established for three years in 1955. The history of the Law Commission of India can be divided into two parts- pre-independence as well as post-independence.
Pre-independence Law Commission of India
During British rule, the territory of British India was governed by two sets of rules and regulations –
- Local laws – These laws were prevalent in the Indian region even before British rule. The local laws were made on the basis of the then-prevalent social norms, centuries-old customs as well as traditions.
- English laws – English laws were the laws made by the Britishers to extend their power and authority in the Indian territory. The prime objective of the introduction of these laws was to increase the control exercised by British rule and squeeze out the wealth of Indians.
However, these two sets of laws were criticised by the administrative authorities and lawmakers for the following reasons:
- Due to different sets of laws effective in the same territory, the administration of the territory became difficult leading to chaos and disturbance.
- Several times, both the local and English laws would contradict each other, showcasing a lack of uniformity.
To solve these problems, the British officials came up with the solution that there was a need for a commission that could look into the situation and suggest the required changes for better administration and maintenance of peace. Following this, a commission was set up to advise the British government on legal matters and help in bringing uniformity to the laws. Hence, a law commission was set up in the year 1834 by the Charter Act of 1833.
To fulfil the objectives of their formation, the commission was given the power to interpret the laws and introduce changes in both the local and English laws for the maintenance of law and order.
Other than the First Law Commission, India had 3 other law commissions before independence, which have been discussed here below-
First Law Commission of India (Pre-independence)
The First Law Commission of India before independence was established in 1834 under the chairmanship of Lord Thomas Babington Macaulay. This Commission is given credit for –
- The introduction of the penal code, which later came to be known as the Indian Penal Code, 1860. The penal code by the First Law Commission of British India was introduced on May 2, 1837.
- The introduction of Lex Loci (the law of the place). It is considered the basis of the power and authority of English law exercised by Britishers in India. It was introduced by the Law Commission on 31 October 1840.
Second Law Commission of India (Pre-independence)
| Year of establishment | 1853 |
| Tenure of the Commission | 3 years – 1853 to 1856 |
| Chairman of the Commission | Sir John Romilly |
| Members of the Commission | 7 members commission, including the chairman. Sir Lord JervisSir Edward RyanR. LoweJohn MacleodCharles Hay CameroonT. E. Ellis |
| Reports by the Commission | The Second Law Commission of British India contributed to the legal reforms through the following reports – Penal Code, 1860 was formed based on the Penal Code of 1837 introduced by the first law commission of British India. Introduction of the Code of Civil Procedure in 1859. Introduction of the law of limitation in the year 1859. Introduction of the Code of Criminal Procedure in 1861. |
Third Law Commission of India (Pre-independence)
| Year of establishment | 1861 |
| Tenure of the Commission | 3 years – 1861 to 1864 |
| Chairman of the Commission | Sir John Romilly |
| Members of the Commission | Initially, when the Third Law Commission of British India was constituted, there were merely 5 members in the Commission, namely – Justice WillsSir Edward RyanR. LoweJohn MacleodSir W. ErleLater on, the Commission underwent a drastic change in its members, and the new commission was comprised of -Justice W. M. JamesSir Edward RyanR. LoweJohn MacleodJustice HendersonHowever, before the tenure of the Commission expired, Justice Henderson was replaced by Justice Lush. Justice Lush served as a member of the third law commission of British India till its expiration. |
| Reports by the Commission | The Third Law Commission of British India contributed to the legal reforms through the following reports – Introduction of a code that amended various then prevailing laws regarding inheritance. However, the introduced legislation was for Indians only, with an exception provided for people from the Hindu and Muslim communities. Suggested changes to the Code of Criminal Procedure, 1860. These suggestions were later on adopted by the competent authorities. The Third Law Commission of British India also contributed to the legal reforms through the introduction of several drafts. Some of these drafts are as follows – Draft for the Negotiable Instruments Law was introduced in the year 1867. Draft regarding the Contract Laws, introduced in the year 1866.Draft for the introduction of laws on Evidence in 1868. Draft for the introduction of Transfer Laws on property in the year 1870. Draft for the Insurance Code in 1871. |
Fourth Law Commission of India (Pre-independence)
| Year of establishment | 1879 |
| Tenure of the Commission | 3 years – 1879 to 1882 |
| Chairman of the Commission | Sir Whitley Stokes |
| Members of the Commission | The Fourth Law Commission of India is one of the smallest constituted law commissions in India, having only 3 members, including the chairman of the commission, Sir Whitley Stokes. The other two members of the Commission are as follows – Sir Charles Turner Raymond West |
| Reports by the Commission | The Fourth Law Commission of British India contributed to the legal reforms through the following reports – Introduction of a code that amended various then prevailing laws regarding negotiable instruments. Suggested major changes to the Code of Criminal Procedure, 1882, as well as the Code of Civil Procedure, 1882. These suggestions were later on adopted by the competent authorities. Introduction of the following codes – Code of Trusts Law, 1882Code on Transfer of Property and Easements, 1882 |
Post-independence Law Commission of India
After the independence of India, it faced numerous problems ranging from external threats to internal peace, along with one of the largest populations living in poverty. Hence, reforms and the introduction of new laws were the need of the hour.
Before independence, English laws were prevalent in India along with local laws based on customs and traditions. The English laws were made with the objective of dominating the local population as well as extending colonial control. The local laws were orthodox in nature and were considered to be a hindrance to the growth and development of the nation.
So, to combat the situation, reforms in the legal system were introduced. The prime objective of the post-independence legal reforms was to improve the Indian legal system and make it efficient enough to nurture future needs. After independence, the laws were introduced, keeping in mind the public welfare.
Hence, Article 372 of the Constitution of India was introduced, which states that all the laws that were in effect before the commencement of the Constitution of India will remain in effect until the laws are either repealed or replaced. Law commissions were also set up to keep this process of replacing as well as repealing laws smooth.
So far, there have been numerous law commissions have been established after the independence of India. The law commissions established after independence are as given below –
First Law Commission
The First Law Commission of independent India was established in the year 1955. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1955 to 1958 |
| Chairman | Motilal Chimanlal Setalvad (First Attorney General of India) |
| Objective of formation | Introduction of law reforms in India |
| Number of reports presented by the commission | 14 |
The First Law Commission of independent India presented the following reports –
| S. No. | Name of the report | Presentation date |
| Liability of the State in Tort | 11 May 1956 | |
| Report suggesting the introduction of the Sales Tax | 2 July 1956 | |
| Report suggesting the amendments required to the Limitation Act, 1908 | 21 July 1956 | |
| Report mentioning the advice that high courts should sit on benches at different places in a state for proper delivery of justice to the public at large. | 1 August 1956 | |
| A report stating the British statutes which will be applicable to India even after independence. | 11 May 1957 | |
| Report suggesting the amendments required to the Registration Act, 1908 | 13 July 1957 | |
| Report suggesting the amendments required in the Partnership Act, 1932 | 13 July 1957 | |
| Report suggesting the amendments required in the Sales of Goods Act, 1930 | 1 March 1958 | |
| Report suggesting the amendments required in the Specific Relief Act, 1877 | 19 July 1958 | |
| Reports suggesting the reforms needed in judicial administration | 16 September 1958 | |
| Report regarding the Law of Acquisition and Requisitioning of Law | 26 September 1958 | |
| Report suggesting the amendments required to the Negotiable Instruments Act, 1881 | 26 September 1958 | |
| Report suggesting the amendments required in the Income Tax Act, 1922 | 26 September 1958 | |
| A report suggesting the changes required in the Contract Act, 1872 | 26 September 1958 |
Second Law Commission
The Second Law Commission of independent India was established in 1958. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1958 to 1961 |
| Chairman | Justice Tiruponithura Venkatarama Aiyar |
| Number of reports presented by the commission | 8 |
The Second Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation Year |
| Suggestions regarding law concerning marriage and divorce amongst Christians in India. | 1960 | |
| Report suggesting the amendments required in the Official Trustees Act, 1913 | 1960 | |
| A report suggesting the changes required in the Trusts Act, 1882 | 1961 | |
| Report suggesting the amendments required in the Marriage Dissolution Act, 1866 | 1961 | |
| A report suggesting the replacement of the Administrator-General’s Act, 1913 | 1961 | |
| Report suggesting the amendments required to the Law of Hire and Purchase, 1961 | 1961 | |
| Report suggesting the amendments required in Marine Insurance | 1961 | |
| A report suggesting the changes required in the Christian Marriage and Matrimonial Causes Bill, 1961 | 1961 |
Third Law Commission
The Third Law Commission of independent India was established in 1961. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1961 to 1964 |
| Chairman | Justice Jivan Lal Kapur |
| Number of reports presented by the commission | 6 |
The Third Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| Report suggesting the amendments required in Law of Foreign Marriages | 1962 | |
| A report suggesting the changes required to the Commission of Inquiry Act, 1952 | 1962 | |
| The suggested version of Section 509A of the Criminal Procedure Code regarding counterfeit banknotes, stamps, and other items. | 1963 | |
| Report suggesting the amendments required in Insolvency Laws. | 1964 | |
| Report suggesting the amendments required in the Code of Civil Procedure, 1908 | 1964 | |
| A report suggesting the changes required in the Indian Oaths Act, 1873 | 1964 |
Fourth Law Commission
The Fourth Law Commission of independent India was established in 1964. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1964 to 1968 |
| Chairman | Justice Jivan Lal Kapur |
| Number of reports presented by the commission | 10 |
The Fourth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| Section 5 of the Central Sales Tax Act of 1956, which addresses state taxation of imports | 1967 | |
| The Indian Penal Code, 1860, should be amended to include several social and economic offences. | 1967 | |
| Suggestions to extend Section 30(2) of the Indian Registration Act of 1908 to Delhi. | 1967 | |
| Changes that could be made to Section 9 of the Code of Criminal Procedure, 1898 | 1967 | |
| Proposals for improvisation of the Indian Registration Act, 1908. | 1967 | |
| Changes that could be made to Section 44 of the Code of Criminal Procedure, 1898 | 1967 | |
| Report – Whether Capital Punishment should be there or not? | 1967 | |
| Changes that could be made to several sections of the Code of Criminal Procedure, 1898 | 1967 | |
| Changes that could be made to Section 497 to 499 of the Code of Criminal Procedure, 1898 | 1967 | |
| Changes that could be made to the Indian Post Office Act, 1898 | 1968 |
Fifth Law Commission
The Fifth Law Commission of independent India was established in 1968. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1968 to 1971 |
| Chairman | Mr Kalyan Vidyanathan Kuttur Sundaram |
| Number of reports presented by the commission | 6 |
The Fifth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| Whether punishment for imprisonment for life should be a part of the Indian Penal Code, 1860? | 1968 | |
| Suggestions regarding legal requirements for prisoners to appear in court. | 1969 | |
| Suggestions regarding certain amendments to the Code of Criminal Procedure, 1898 | 1969 | |
| Suggestions regarding certain sections in the Indian Penal Code, 1860 | 1971 | |
| Suggestions to include offences against national security | 1971 | |
| Suggestions for modifications to the appellate jurisdiction of the Apex Court in civil matters | 1971 |
Sixth Law Commission
The Sixth Law Commission of independent India was established in 1971. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1971 to 1974 |
| Chairman | Justice Prahlad Bal Acharya Gajendragadkar |
| Number of reports presented by the commission | 17 |
The Sixth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| Changes proposed to the Constitution (Twenty-Fifth Amendment) Bill of 1971 | 1971 | |
| Changes being proposed for civil appeals to the Apex Court involving a certificate of fitness | 1971 | |
| Answers to a few queries posed by the Code of Criminal Procedure Bill, 1970 | 1972 | |
| Suggestions concerning the offences related to the social and economic spheres. | 1972 | |
| The idea to broaden the definition of ‘public servant’ to include anyone related to public examinations | 1972 | |
| The idea of incorporating agricultural income into overall income | 1972 | |
| Liability for injuries brought on by vehicles in hit-and-run incidents | 1972 | |
| Estate taxes applied to items acquired after the demise of the owner. | 1972 | |
| The Pensions Act of 1871‘s impact on retired public servants’ ability to bring a pension lawsuit | 1972 | |
| A suggestion to charge interest on fees under Sections 34 and 35 of the Code of Civil Procedure, 1908, as well as the rate of interest following the decree | 1973 | |
| Suggestions to make changes in the Code of Civil Procedure, 1908 | 1973 | |
| Other statutory provisions regarding the notice of suit beyond Section 80 of the Civil Procedure Code of 1908 | 1973 | |
| Benami Transactions | 1973 | |
| Position and Authority of the Higher Judiciary | 1974 | |
| Suggestions regarding the introduction of amendments to the Hindu Marriage Act, 1955 as well as the Special Marriage Act, 1954 | 1974 | |
| Suggestions regarding the introduction of amendments to the General Clauses Act, 1897 | 1974 | |
| Several issues with the States’ ability to impose a tax on the sale of goods | 1974 |
Seventh Law Commission
The Seventh Law Commission of independent India was established in 1977. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1974 to 1977 |
| Chairman | Justice Prahlad Bal Acharya Gajendragadkar |
| Number of reports presented by the commission | 9 |
The Seventh Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| Suggestions regarding the introduction of amendments in the Workmen’s Compensation Act, 1923 | 1974 | |
| Suggestion to repeal the Interest Act, 1839 | 1975 | |
| Proposal regarding the introduction of amendments in the Suppression of Immoral Traffic in Women and Girls Act, 1956 | 1975 | |
| Recognition of Foreign Divorces under Section 13 of the Civil Procedure Code of 1908 | 1976 | |
| Suggestions regarding the introduction of amendments in the Married Women’s Property Act, 1874 | 1976 | |
| Suggestions regarding the introduction of amendments in the Indian Evidence Act, 1872 | 1977 | |
| The Transfer of Property Act, 1882 – Changes that are needed to meet the demand of the century. | 1977 | |
| Proposal for modifications in the Indian Stamp Act, 1899 | 1977 | |
| Proposal for modifications in the Power of Attorney Act, 1882 | 1977 |
Eighth Law Commission
The Eighth Law Commission of independent India was established in 1977. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1977 to 1979 |
| Chairman | Justice Hans Raj Khanna |
| Number of reports presented by the commission | 10 |
The Eighth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| As a basis for divorce, irretrievable breakdown of the marriage | 1978 | |
| Restriction on practice following appointment as a permanent judge: A proposal | 1978 | |
| A report suggests amending the Indian Evidence Act, 1872. The suggestion was to make certain statements admissible if they are made by the witnesses before the inquiry commissions or any other statutory authority. | 1978 | |
| Report suggesting Amendment in the Disciplinary jurisdiction mentioned under the Advocates Act, 1961 | 1978 | |
| A report suggesting changes to the Arbitration Act, 1940 | 1978 | |
| Report regarding the pendency of cases in trial courts as well as delays in decision-making. | 1979 | |
| Suggestions for Judges’ Appointment Procedures | 1979 | |
| Report on the issue of the overcrowding of prisoners awaiting trial | 1979 | |
| Delays and backlogs at the High Courts as well as other appellate courts | 1979 |
Ninth Law Commission
The Ninth Law Commission of independent India was established in 1979. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1979 to 1980 |
| Chairman | Justice P.V. Dixit |
| Number of reports presented by the commission | 7 |
The Ninth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| Suggestions regarding the introduction of amendments to the Hindu Widow Remarriage Act, 1856 | 1979 | |
| Suggestions regarding the introduction of amendments to the Identification of Prisoners Act, 1920 | 1980 | |
| Report suggesting Amendment in the Partition Act, 1893 to meet the demand of the then prevalent conditions. | 1980 | |
| Some concerns regarding substantive law, procedure, and evidence regarding rape and related offences | 1980 | |
| An analysis of the compensation claims made under Chapter 8 of the Motor Vehicles Act of 1939 | 1980 | |
| Impact of nominations under Section 39 of the Insurance Act of 1938 | 1980 | |
| Report suggesting Amendment in the Guardian and Wards Act, 1890 | 1980 |
Tenth Law Commission
The Tenth Law Commission of independent India was established in 1981. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1981 to 1985 |
| Chairman | Justice Kuttyil Kurien Mathew |
| Number of reports presented by the commission | 26 |
The Tenth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Year of Presentation |
| Report suggesting amendments to the Limitation Act, 1963 | 1983 | |
| Privileges provided to the government in the context of the evidence | 1983 | |
| Report on proposal of legal reforms in context of Dowry deaths in India | 1983 | |
| Legislative recommendations regarding damages in judicial review applications. | 1983 | |
| Disclosures made by the media about their informational sources. | 1983 | |
| Report on the evidence that has been improperly or illegally collected. | 1983 | |
| The causes of high rates of divorce in India among the Christian community. | 1983 | |
| Report on the constitutional division within the Apex Court | 1984 | |
| Report suggesting Amendment in Sections 24, 25 and 26 of the Hindu Marriage Act of 1955 | 1984 | |
| Report suggesting Amendment in Section 28 of the Indian Contract Act, 1872 concerning prescriptive clauses in contracts | 1984 | |
| Abrogation of some outdated Central Acts | 1984 | |
| Report regarding the extension of the ambit of Article 19 of the Indian Constitution and its related issues | 1984 | |
| Report on the terms of the contract that are arbitrary or unfair | 1984 | |
| An analysis of the higher courts’ oral as well as written arguments | 1984 | |
| Proposal on recommendations for the Judicial Officers’ Protection Act, 1850 | 1984 | |
| Court cases brought by and against the government | 1984 | |
| Report suggesting Amendment in Section 122(1) of the Code of Criminal Procedure, 1973 | 1984 | |
| Report on Consumer Product Quality Assurance and Inspection led to the introduction of the Consumer Protection Act in 1986. | 1984 | |
| Report suggesting inclusion of Section 103A under the Motor Vehicles Act, 1939 | 1984 | |
| Report showcasing the issues in the Fatal Incidents Act, 1955 | 1984 | |
| Report suggesting changes to the Indian Succession Act, 1925 | 1984 | |
| Obscene and indecent advertisements and displays | 1985 | |
| Report on the Citizenship Law | 1985 | |
| Report on the issues related to the Promissory Estoppel | 1985 | |
| Suggestions regarding the introduction of amendments to Section 45 of the Insurance Act, 1938 | 1985 | |
| Report on the issue of any injury incurred while in police custody. | 1985 |
Eleventh Law Commission
The Eleventh Law Commission of independent India was established in 1985. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1985 to 1988 |
| Chairman | Justice D.A. Desai |
| Number of reports presented by the commission | 18 |
The Eleventh Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation Year |
| Report suggesting the formation of an All India Judicial Service like that of the Union Public Service Commission. | 1986 | |
| Report on the Training of Judicial Officers. | 1986 | |
| Report on the performance of the Tax Courts since its inception. | 1986 | |
| Report on the progress of the Gram Nyayalaya | 1986 | |
| Report on the procedure for appointment to lower courts | 1986 | |
| Recommendation for the establishment of a new forum for judicial appointments. | 1987 | |
| A proposal to grant victims of motor vehicle accidents access to a special forum under the Motor Vehicle Act of 1939 | 1987 | |
| A roadmap for workforce planning in the judicial system | 1987 | |
| Introduction of a forum for national harmony in labour dispute resolution. | 1987 | |
| Decentralisation of justice administration – Cases concerning Higher Education Institutions. | 1988 | |
| Report on the cost of litigation in India with reference to free legal aid. | 1988 | |
| Litigation policies and strategies for public and government entities. | 1988 | |
| Report on Mediation as an alternative to adjudication. | 1988 | |
| Allocating resources for infrastructure services in the Judiciary | 1988 | |
| A new perspective on the pendency of the High Court cases. | 1988 | |
| A report on the spectrum of benami transactions | 1988 | |
| A new perspective on the working of the Apex Court. | 1988 | |
| The responsibility of the judicial process in administering justice. | 1988 |
Twelfth Law Commission
The Twelfth Law Commission of independent India was established in 1988. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1988 to 1990 |
| Chairman | Manharlal Pranlal Thakkar |
| Number of reports presented by the commission | 12 |
The Twelfth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation Year |
| Recommendation on the removal of several Workmen’s Compensation Act of 1923 provisions that had flaws. | 1989 | |
| Report on the conditions of women in judicial custody. | 1989 | |
| Eliminating discrimination against women in matters concerning guardianship and custody of minor children and explicitly defining the Welfare Principle | 1989 | |
| Proposal – To lessen the difficulty and ease the suffering of neglected women, children, and parents, it is necessary to amend the provisions of Chapter IX of the Code of Criminal Procedure, 1973. | 1989 | |
| Statutory Protection for Pavement and Slum Residents | 1990 | |
| Need for developing legislative and administrative measures, including the Ombudsman’s office, to ease hardships brought on by excessive delays in resolving beneficiaries’ Provident Fund claims | 1990 | |
| Conflicts between High Court Decisions and Central Laws: Foreclosure Procedures and Resolution | 1990 | |
| Concessional sentencing for offenders who voluntarily choose to enter a guilty plea without engaging in negotiations | 1991 | |
| Need to amend Order V, Rule 19A of the Code of Civil Procedure, 1908, relating to service of summons by registered post with a view to foreclosing likely injustice | 1991 | |
| It is urgently necessary to change Order XXI, Rule 92(2) of the Code of Civil Procedure in order to fix a problem that undermines the legislature’s good intentions and causes unfair treatment to debtors who wanted to gain from them. | 1991 | |
| The legislation has to be changed so that courts have the authority to reopen criminal revisional applications and criminal cases that have been dismissed for default in presence. | 1991 | |
| Legislative measures to prevent the abuse of small depositors | 1991 |
Thirteenth Law Commission
The Thirteenth Law Commission of independent India was established in 1992. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1992 to 1994 |
| Chairman | Justice Kamal Narain Singh |
| Number of reports presented by the commission | 10 |
The Thirteenth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation year |
| Public Sector Enterprises and Article 12 of the Constitution of India | 1992 | |
| Disputed judicial judgments involving the Code of Civil Procedure, 1908 | 1992 | |
| Report to repeal numerous central acts introduced before independence | 1993 | |
| Suggestions regarding the introduction of amendments in the Specific Relief Act, 1963 | 1993 | |
| Suggestions regarding the introduction of Section 373A concerning the Sale of Women and Children | 1993 | |
| Removal of certain deficiencies in the Motor Vehicles Act, 1988 | 1994 | |
| Suggestions regarding the introduction of amendments to the Code of Civil Procedure | 1994 | |
| Report for the regulation of Inter-Country Adoption | 1994 | |
| Report on admiralty jurisdiction | 1994 | |
| Report regarding crimes in custody | 1994 |
Fourteenth Law Commission
The fourteenth law commission of independent India was established in 1995. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1995 to 1997 |
| Chairman | Justice K. Jayachandra Reddy |
| Number of reports presented by the commission | 3 |
The Fourteenth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation year |
| Suggestions regarding the introduction of amendments to the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) | 1996 | |
| Suggestions concerning the introduction of amendments to the Narcotics Drugs and Psychotropic Substances Act, 1985 (Act No. 61 of 1985) | 1997 | |
| Suggestions regarding the introduction of amendments to the Indian Penal Code, 1860 | 1997 |
Fifteenth Law Commission
The Fifteenth Law Commission of independent India was established in 1997. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 1997 to 2000 |
| Chairman | Justice B.P. Jeevan Reddy |
| Number of reports presented by the commission | 18 |
The Fifteenth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation year |
| Report on Section 52 of the Transfer of Property Act of 1882 | 1998 | |
| Report including laws that either need to be repealed or amended | 1998 | |
| Amendment to the All India Council for Technical Education Act, 1987 (Act No. 52 of 1987) | 1998 | |
| An analysis of the Industries (Development and Regulation) Act, 1951 amendments. | 1998 | |
| Report on the Central Vigilance Commission and Allied Bodies | 1998 | |
| Introduction of free education for all children along with a mandate | 1998 | |
| Report on the Indian Divorce Act, 1869 (Act IV of 1869) | 1998 | |
| Report on the analysis of the Code of Civil Procedure (Amendment) Bill, 1997 | 1998 | |
| Examining how the Income-Tax Appellate Tribunal, Customs, Excise as well as Gold (Control) Appellate Tribunal, and Central Administrative Tribunal operate | 1998 | |
| Report on the need of reforms regarding laws on election | 1999 | |
| Report suggesting major changes needed in the Hire-Purchase Act, 1972 | 1999 | |
| Report on the Patents (Amendment) Bill introduced in 1998 | 1999 | |
| Report on the Bill to Forfeit Property from Corrupt Public Servants | 1999 | |
| Report suggesting changes in the Amendment of Army, Navy and Air Force Act | 1999 | |
| Introduction of The Biodiversity Bill, 2000 – Need of the hour | 2000 | |
| Report on the analysis of the prevalent laws on rape in India | 2000 | |
| Proposed reforms to Hindu Law regarding Women’s property rights | 2000 | |
| Introduction of the Prevention of Terrorism Bill, 2000 – A step needed to stop terrorist funding and terror activities | 2000 |
Sixteenth Law Commission
The Sixteenth Law Commission of independent India was established in 2000. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 2000 to 2003 |
| Chairman | Justice B.P. Jeevan Reddy (from 2000 to 2001) Justice M. Jagannadha Rao (from 2002 to 2003) |
| Number of reports presented by the commission | 11 |
The Sixteenth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation year |
| Analysis of a bill on laws related to foreigners introduced in 2000. | 2000 | |
| Introduction of a bill suggesting changes in arbitration and conciliation. | 2001 | |
| Protection of Informants and Disclosure in view of the interest of the public | 2001 | |
| Suggestions for changing a number of laws, both civil and criminal | 2001 | |
| Report concerning the law related to arrest | 2001 | |
| Amendments to the University Grants Commission Act of 1956 and the Advocates Act of 1961 are also proposed for the laws governing legal education and professional training in India. | 2002 | |
| A continuation of the General Clauses Act of 1897 with particular emphasis on the admissibility and codification of foreign assistance in statutory interpretation | 2002 | |
| Report suggesting Amendment in Section 106 of the Transfer of Property Act, 1882 | 2002 | |
| Report suggesting Amendment in Section 6 of the Land Acquisition Act of 1894 | 2002 | |
| Extending the ambit of Article 20(3) of the Indian Constitution by including the Right to Silence | 2002 | |
| Report on examination of the Indian Evidence Act, 1872 | 2003 |
Seventeenth Law Commission
The Seventeenth Law Commission of independent India was established in 2003. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 2003 to 2006 |
| Chairman | Justice M. Jagannadha Rao |
| Number of reports presented by the commission | 16 |
The Seventeenth Law Commission of independent India presented the following reports –
| S.No. | Name of the report | Presentation year |
| The Proposals for the Establishment of High Courts’ High-Tech Fast-Track Commercial Divisions | 2003 | |
| Report on Death Penalty Execution Procedure and Related Issues | 2003 | |
| Proposal for Environmental Courts | 2003 | |
| Administration of Funds Raised for Disaster Relief | 2004 | |
| Changes proposed to the Insurance Regulatory and Development Authority Act of 1999 and the Insurance Revision Act of 1938 | 2004 | |
| Report proposes revisions in the fee structure of the courts | 2004 | |
| Stamp duty verification and arbitration award registration | 2005 | |
| Elimination of frivolous litigation | 2005 | |
| Report on transnational Law, Conflict of Laws, and Statute of Limitations | 2005 | |
| Report on Medical Care for Accident Victims, People in Emergency Situations, and Expectant Mothers | 2006 | |
| Contract provisions that are unfair (procedural and substantive) | 2006 | |
| Report concerning the introduction of The Judges (Inquiry) Bill, 2005 | 2006 | |
| Report on the Appointments to the Public Prosecutor’s Office | 2006 | |
| Trial by the Media: Criminal Procedure and Free Speech (Amendments to the Contempt of Court Act, 1971) | 2006 | |
| Witness Protection Programs and Witness Identity Protection | 2006 | |
| Medical Care for Terminally Ill Patients (Protection of Patients and Medical Practitioners) | 2006 |
Eighteenth Law Commission of India
The Eighteenth Law Commission of independent India was established in 2003. The details regarding this law commission are mentioned below –
| Tenure of the law commission | 3 years – 2006 to 2009 |
| Chairman | This commission had 2 chairmen with different tenures. Justice M. Jagannadha Rao (2006 – 2007)Justice Arunachalam R. Lakshmanan (2007 – 2009) |
| Number of reports presented by the commission | 33 |
The Eighteenth Law Commission of independent India presented the following reports –
| S. No. | Title of the report | Presentation year |
| Proposed changes to Section 304B of the Indian Penal Code | 2007 | |
| Analysis of the Code of Criminal Procedure (Amendment) Act of 2005 revised Section 438 of the Criminal Procedure Code of 1973. | 2007 | |
| Magistrates’ courts that handle matters involving unpaid checks quickly | 2008 | |
| Suggesting that the L. Chandra Kumar case be reviewed by the bigger bench of the Supreme Court of India | 2008 | |
| There can be no introduction of Hindi as a required language in the Supreme Court. | 2008 | |
| S. P. Gupta v. Union of India: Reconsideration of Renowned Judges Cases I, II, and III | 2008 | |
| Indian Civil Marriage Laws: A Strategy to Address Some Issues. A plan to update and harmonise the regulations governing marriage and divorce filing. | 2008 | |
| The Hindu Succession Act, 1956, Explanation to Section 6 is being changed to include oral division and familial agreements in the definition of “partition.” | 2008 | |
| Suicide attempts should be decriminalised | 2008 | |
| Indian Succession Act of 1925: Proposed deletion of Section 213 | 2008 | |
| A proposal to pass a new coroners’ act that would be applicable to all of India. | 2008 | |
| The Explanation to Section 6 of the Hindu Succession Act, 1956 has been proposed to be changed to include oral division and familial arrangements. | 2008 | |
| The Hindu Succession Act of 1956’s Section 15 would need to be altered if a woman passed away intestate and her property wasn’t inherited. | 2008 | |
| Various revisions to the Prohibition of Child Marriage Act, 2006 and related laws are suggested. | 2008 | |
| The Hindu Succession Act, 1956, as revised by Act 39 of 2005, may need to undergo certain revisions. | 2008 | |
| Changes to the Judiciary: Some Recommendations | 2009 | |
| Suggestions for amending the Indian Stamp Act of 1899 and the Court Fees Act of 1870, which formerly allowed for various payment methods. | 2009 | |
| Changes to the Code of Criminal Procedure relating to the restitution of complaints | 2009 | |
| Uniformity in the retirement age for tribunal chairs and members, such as the National Green Tribunal and the Railway Claims Tribunal, etc. | 2009 | |
| Legal reforms are implemented to stop traffic accidents | 2009 | |
| Recommendations for Speedy Justice | 2009 | |
| Highlighting the rights and obligations of surrogacy couples as well as the regulatory obligations for clinics employing assisted reproductive technology | 2009 | |
| There have been proposals to establish four regional Supreme Court benches in Delhi, Chennai or Hyderabad, Kolkata, and Mumbai. Additionally, it advocated for keeping the constitutional bench in Delhi alone. | 2009 | |
| A proposal to make Supreme Court rulings statutory in order to stop bigamy caused by conversion to Islam. | 2009 | |
| Modifying Sections 7, 7A, and 7B of the Industrial Disputes Act of 1947 to allow advocates to practice in Labour Courts and Industrial Tribunals. | 2009 | |
| The development of a statute to recompense the victims as well as the inclusion of acid assaults on the Indian Penal Code’s list of specific offences. | 2009 | |
| Ratification of the Hague Convention on the Civil Aspects of International Child Abduction is required (1980). | 2009 | |
| Another basis for divorce is the irretrievable breakdown of the marriage. | 2009 | |
| Suggestion for changing Section 2 of the Divorce Act of 1869 to allow divorcing non-domiciled Christian wives who are estranged from their husbands. | 2009 | |
| The decisions of the Supreme Court are essential for enhancing the situation of the impoverished. | 2009 | |
| Resolution of civil disputes via Alternate Dispute Resolution | 2009 | |
| Family law legislation for Indians who are not residents is proposed. | 2009 | |
| Maximum costs that may be assessed in lower civil courts. | 2009 |
These were some of the reports by the Law Commission of India post-independence.
Significance of the Law Commission of India
The Law Commission of India has been a prominent pillar in the development of the nation. The significance of the Law Commission of India has been discussed here below –
Keeping a check on implementation
It is a fact that simply making laws to combat a situation is not enough. Implementation of the law plays a prominent role. There must be a body that, from time to time, checks whether the laws are being implemented by the respective administrative authorities or not. It also needs to check whether the laws are actually benefiting the public on the ground or not. A body is needed to check the flaws present in the laws that are in effect. This body also provides suggestions regarding repealing as well as replacing laws.
In India, all these tasks are done by the Law Commission of India.
On-ground body of law
The Law Commission of India acts as an on-ground body of law under the Ministry of Law and Justice. The commission works on the ground as well as ensures that law and order are maintained in society. It ensures that justice is delivered to the public at large.
Enforcement of fundamental rights and directive principles of state policy
The Constitution of India does not explicitly mention the establishment of any law commission. However, according to Article 39A of the Indian Constitution, there has to be an authority that can look after the promotion and enforcement of fundamental rights and directive principles of state policy. The Law Commission safeguards fundamental rights and directive principles of state policy by suggesting the required changes in the laws by its principles.
Authority for replacing and repealing outdated laws
Society is dynamic in nature. It keeps on changing from time to time. To keep up with the new social changes, laws also need to be updated. The Law Commission acts as a capable authority that can suggest changes in the legal system. It advises repealing, amending or replacing the existing laws to meet the changing social needs.
The procedure for the constitution of the Law Commission of India
The procedure for the constitution of the Law Commission in India is quite simple. The power to form a law commission is in the hands of the Central Government. After the expiration of the law commission, the Central Government can establish a new law commission by a resolution. As soon as the resolution is passed by both the houses of Parliament (Lok Sabha and Rajya Sabha) for the formation of a law commission, it is sent to the President for his or her assent. After the President has given his assent, the Central Government has the power to appoint the chairman of the new commission.
According to the recently seen trend, a former judge of the Supreme Court holds the position of the chairman of the newly formed law commission.
Composition of the Law Commission of India
The Central Government has the power to appoint the chairman and other members of the law commission. A law commission mostly consists of numerous legal experts like professors of law, judges of the High Court or Supreme Court, or any distinguished lawyer. A law commission mostly consists of the following members –
- Chairman (Since the establishment of the Law Commission only 1 chairman has been appointed at a time.)
- One permanent member
- A member to be appointed as Secretary
- Part-time members (Number of part-time members is not fixed. In general, there are 6 part-time members)
However, this composition of the law commission is not binding to the Central Government. The composition of the law commission is entirely at the discretion of the Central Government. For instance, in the 21st Law Commission of India, the composition was as such –
- A chairman appointed as a full-time member
- Full-time members which also include a member secretary (4 in number)
- Ex officio chairman – (2 in number) – Secretary of the department of legal affairs and secretary of the legislative department
- Permanent members (Maximum of 5 members)
This composition of the law commission in India is divided into 2 departments namely – The research staff and the administrative staff. As the name suggests, the research staff has the responsibility to constitute a research panel and carry out the research regarding the required laws. On the other hand, the administrative department of the Law Commission of India looks after the administrative work of the commission.
The term of the law commission is fixed for 3 years and after extensive research, it provides suggestions to the Ministry of Law and Justice.
How does the Law Commission of India function
The Law Commission of India works on an issue in 2 cases –
- If the Central Government advises the commission to research an issue. For instance, recently the Minister of Law and Justice Kiren Rijiju replied to the question of when will the Uniform Civil Code be applicable to the whole of India. To this, the Minister replied that as of now, there are no plans to do the same and the matter has been sent to the Law Commission to check if there is a need for the Uniform Civil Code or not.
- The Law Commission also has the power to take suo-moto cognizance (on its own motion) to work on a particular issue.
The working of the Law Commission is divided into 2 parts –
- Administrative work
- Research work
The staff of the Law Commission is divided into 2 parts, consisting of secretarial staff doing administrative work and a research panel including legal experts holding different ranks under the Government of India with versatile experience doing research on the issues.
The procedure followed by the Law Commission
- For an issue to be researched, it must first be raised in a meeting which is held at the law commission office. A detailed discussion is held on the issue raised.
- Once the issue is selected after the discussion, it is given to the members of the research panel as per their experience and requirements on the research issue. The distributive method is used to check the consensus of the staff of the law commission.
- After the positive response in the consensus, an outline of the issue is formed, which comprises the main issue and the remedies that can be used to combat it.
- This outline is then sent to the other authorities, departments, and institutions to know their point of view. At this stage, suggestions are invited by the concerned authorities. This step ensures that the Law Commission of India covers the widest possible section of society within its ambit.
- Once all the recommendations by the general public as well as the legal community have been received, an in-depth analysis is done.
- After this, an introduction is prepared for the report in an organised manner. This introduction was written by the chairman of the commission. The introduction can also be written by either the member secretary or any other member of the commission as a part of delegated authority by the chairman.
- Later on, the introduction is scrutinised in the meetings by the commission.
- After the report is finalised, the procedure for the draft is initiated. Along with the report, a draft of the suggested bill or amendment is attached.
- Once the draft is made by the legal team of the commission, it is attached to the report and sent to the central government.
Significant reports and recommendations by the Law Commission of India
As of now, there are a total of 277 reports submitted by the Law Commission of India. Some of these reports and recommendations are as follows –
185th report by the Law Commission of India on the review of the Indian Evidence Act, 1872
After a thorough examination of the former reports by the commission, it asserted the following recommendation –
- The Indian Evidence Act, 1872, was the focus of a report on the review by the Sixteenth Law Commission in 2003. Nevertheless, the Law Commission had already filed a report about the Indian Evidence Act, 1872, which wasn’t taken into consideration. Later on, all the reports of the Law Commission on the Indian Evidence Act, 1872 were compiled and reviewed under the 185th report by the Law Commission.
- Despite the Law Commission’s agreement that the document’s definition covered everything, it opted to widen its scope in light of recent developments in technology and the law. The Commission stated that although consideration must be given to the validity of computer-generated evidence and the parties would have knowledge of the privacy concerning their computer system, it should be treated similarly to other records.
- The Law Commission advised that, particularly in light of the Supreme Court’s ruling in Kamta Devi v. Poshi Ram (2001), it was not necessary to specifically include DNA as a kind of evidence under the Act.
- Following its decision in State of U.P v. Ramesh Prasad Mishra (1996), the Supreme Court directed that statements determining the cause of the criminal intent be made admissible in court. It was advised under Section 32(1), which addresses the declaration of death,
- The Law Commission suggested adding Section 53A to enhance women’s safety in the workplace. A group of specialists is there to reinforce the provision’s emphasis on relying on the evidence. To assist the court in making decisions based on the facts, the Commission recommended hiring more such medical professionals. These professionals will deal with stenography, international law, footprints, fingerprints, and other evidence.
- If evidence is admitted, the Commission may advise amendments to Section 10 of the Indian Evidence Act, 1872. The Commission suggested changing the phrase ‘with reference to’ to ‘in furtherance of’ to widen its ambit.
- The Commission clarified Section 13 of the Act to put an end to the debate around it.
- After analysing Section 23 of the Act, certain modifications were suggested. When interpreted in conjunction with Section 126, Section 23 states that statements to which both parties have agreed to be presented as evidence are excluded. The Commission suggested that –
- Upon mutual agreement between the parties, such evidence may be allowed.
- Even after being impacted by the acts of the arguing parties, the third party cannot produce such evidence.
- Evidence admission becomes crucial in determining whether an agreement existed or in addressing the issue of latency.
- Section 24 of the Indian Evidence Act, 1872 addresses confessions gained through coercion, inducement, or assurance. The Commission proposed expanding this Section to include justifications for rejecting confessions obtained using such methods as coercion, violence, and torture.
- Concerned about the discrepancy between Section 63‘s definition of secondary evidence and clause (b) to clause (g) of Section 65, the Commission stated that it wanted to clarify this issue. These provisions were found to be acceptable in court despite not falling under the purview of secondary evidence. So it suggested amending Section 63 to remove the contradiction.
- The Commission proposed amending Section 90 and supplementing it with Section 90A, which will deal with issues relating to documents that are older than 20 years. Consequently, an assumption about the documents could be raised in court. As a result, the court may make an assumption and continue the proceedings in circumstances where the records could not be authenticated.
- The Law Commission advised changing Section 112 of the Act, which deals with the paternity presumption of the child so that DNA would be properly recognized in the Indian Evidence Act of 1872.
- The Law Commission also looked at Section 27, which addresses the applicability of any significant information. The Commission recommended the following:
- Section 27 of the Act should create a restriction on Section 26.
- Section 27 should act as an exception to Section 25 of the act.
- It is necessary to substitute the word ‘or’ for the comma in the phrase “from a person accused of any offence, in the custody of the police officer” in order to make Section 27 an exception to both sections, i.e., sections 25 and 26.
- Section 27 should be rewritten to eliminate statements obtained through incentive, threat, or other means, as stated in Section 24 of the Act.
200th report by the Law Commission of India on Media trial
The Law Commission of India submitted the 200th report on the Media trial in 2006. It advocated a statutory restriction on the media’s ability to report any information that would be harmful to the rights of the accused in any criminal matter.
From the time of the arrest until the conclusion of the investigation and trial, basically, till the verdict has been announced, the media is not permitted to report certain details as mentioned in the report. The Law Commission states that the newspaper articles that are reported have a negative impact on the entire judicial process. So, in order to prevent criminal contempt of court, the statutory restriction should be implemented.
The Commission also suggested changing certain provisions of the Contempt of Courts Act, 1971. The Law Commission also suggested giving the High Court the authority to order electronic or print media to suspend reporting on any criminal matter.
244th report of the 20th Law Commission of India on electoral disqualifications
This report was submitted to the Ministry of Law and Justice in the year 2014. This report by the law commission deals with two issues, namely –
- Electoral disqualification of candidates who have a criminal background.
- Consequences of submitting false affidavits
Some of the significant suggestions made by the report are as follows –
- The adoption of appropriate legislation would actually aid in reducing the criminalisation of politics because, generally, existing legislation is ineffective and leads to extensive legal proceedings and fewer convictions.
- It is essential that the procedures involving the different levels of conviction are properly carried out in order to minimise the criminalisation of politics. As a result, appropriate precautions should also be introduced.
The Commission also recommended the following changes to the process of formulating charges –
- If accusations are brought against any member of Parliament or Legislative Assembly who is currently in office, the matter must be concluded as early as possible. A timeframe of one year for such cases is also recommended.
- If charges are drawn in less than a year following the applications for an election are scrutinised, the candidate will not be disqualified. The disqualification charges will not be dismissed except in cases where the person is acquitted by the court or served the term of 6 years, whichever is earlier.
- There should be measures in place to avoid the exploitation of laws as well as remedies in the event of a lack of redress.
- The MP or MLA in question will lose their eligibility after a year if the lawsuit is not settled within that time.
- Additionally, the MP or MLA’s income and other perks, as well as their right to vote in the State Legislative Assembly or Parliament, respectively, would be suspended.
- The charges against the concerned person will be implemented retrospectively.
The following amendments must be made to the Representation of the People Act, 1951 regarding the recognition of false affidavits as a basis for disqualification –
A person who files false affidavits would be found guilty on the grounds of disqualification.
The commission suggested increasing the duration of the sentence, from a duration of at least six months to a duration of at most two years.
Additionally, daily sessions should be undertaken with a one-day break to allow for the raising of complaints regarding nomination papers. There should be an interval between the final nomination filing date and the date of scrutiny.
Filing a false affidavit should be considered a ‘corrupt practice’ under the Act.
255th report of the Law Commission of India on electoral reforms
The Law Commission of India submitted its report on electoral reforms in 2015 to the Ministry of Law and Justice. The issue of electoral reforms was raised by the Ministry of Law and Justice to the 20th Law Commission. The suggestions by the 255th report are as follows –
Expenditure on elections
- The Commission’s first concern was the extension of the time frame for the candidate’s election-related expenses from the day of election notification to the day of result declaration. At first, it was from the nomination date to the results announcement date.
- Also, the commission suggested amending Section 182(1) of the Companies Act of 2013, which mandates that a political party receive a donation from the company’s funds at the annual general meeting rather than the board of directors.
- The introduction of a new Section 77A would make sure that the concerned candidates or the authorised agents establish an account in which they must disclose the specifics of any individual contribution obtained by the party from any source. The source excludes the government and businesses, as well as any payments made by the entity after the date of notification of voting.
- The commission recommended including a new Section 78A that requires the District Election Officer to upload the expense reports submitted by each candidate contesting elections under Section 78.
- A new section will be added that would penalise violations of Section 182 of the Companies Act, 2013 and 29B of the Representation of the People Act, 1951, when it comes to accepting contributions from individuals or groups who are not allowed. If found guilty, the fine would be charged at a rate of five times the amount.
Political party regulations
- Section 29A(5) of the Representation of the People Act, 1951, which deals with the regulation of political groups, is to be modified. By agreeing to this change, the parties pledge to refrain from inciting violence for political purposes and to treat all individuals equally regardless of their class, caste, gender, ethnicity, creed, sex, or place of residence.
- Chapter IVC, which will deal with the “Regulation of Public Parties,” would be included. It would also include, with some changes, the suggestions provided by the Law Commission in its 170th Report.
- The same part should also add Section 29R, which will legally require a political party to be deregistered if it has lost repeatedly in state and parliamentary elections for the preceding ten years.
Recommendations for the 10th Schedule of the Constitution of India
The Law Commission also suggested amendments to the Indian Constitution’s Tenth Schedule that would give the head of state or Governor the authority over the matter of defection-based disqualification depending on the situation. The Election Commission of India’s recommendations must be followed by the President and the Governor.
Providing more power to the Election Commission of India –
- The Law Commission suggested amending Article 342 of the Indian Constitution to ensure that members of the Election Commission of India receive fair safeguards in the event of a dismissal procedure.
- It established a new method for selecting the composition of the Election Commission of India. The Law Commission’s findings mandated the formation of a collegium of three members, which included the Prime Minister, the Chief Justice of India, as well as the Leader of the Opposition in the Lok Sabha. The President would be consulted before this collegium made the final selections for the Election Commission. Seniority will be taken into consideration when choosing the members unless the collegium deems the senior candidate unqualified for the role.
- The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, was supposed to be amended to reflect the required adjustments.
- In addition to the Lok Sabha and Rajya Sabha Secretariats established under Article 98 of the Constitution of India, a new sub-clause 2A was to be introduced to Article 324 of the Constitution to create an independent, autonomous, and permanent Directorate for the Election Commission of India. It was anticipated that this action would increase the neutrality of the Election Commission of India.
There are numerous recommendations regarding elections and anti-defection given by the Law Commission of India. Some of these recommendations are –
Advertisements and promotion by political parties
To avoid deceptive political advertising, laws requiring the disclosure of all essential details were to be mandated by law in all mediums of communication. The word ‘disclose’ in this context has two meanings: first, it helps people understand the material; second, it helps maintain account of all interactions between the contender and the press. The Representation of the People Act of 1951 was to be amended to add a section that would encompass the entire procedure.
Restrictions on opinion polls
The prohibition on opinion polls offering any election-related information 2 days (48 hours) before the date of voting is only applicable to cinematography, television, or other electronic media. Print media as well as Section 126(1) are not included in this restriction. Consequently, it has to be changed to prevent any publication or publicity about anything concerning the election.
There are several reasons why it is important to regulate opinion polling activities.
To make sure that the general population is informed of the credibility of the polling methodologies.
It is crucial to educate the audience on the expertise of the group conducting the poll.
To inform the general public of the fact that opinion poll projections are not conclusive and may change in the future.
Mandating voting – The Law Commission believed that making voting mandatory would not be the best course of action. It offered a variety of justifications for not putting this requirement for mandatory voting into effect, including increased costs, the difficulty of doing so, and others.
Right to rejection and the option of ‘None of the above’
The Law Commission opposed the inclusion of the ‘none of the above’ (NOTA) option on the ballot. According to the Commission, the goal of NOTA is to ensure effective administration, which can also be accomplished by enacting new laws that affect how politics is conducted.
Petitions on elections
Part-VI of the Representation of the People Act, 1951, which addresses ‘disputes concerning elections,’ has received numerous amendment proposals. These consist of:
- ‘Election benches’ are being extended in each High Court. It shall be chosen by the Chief Justice of the concerned High Court, and all cases involving elections under the Representation of the People Act of 1951 will fall under its purview.
- It should be easier, clearer, and more accessible to convey the petitions.
- 262nd report by the Law Commission of India on the death penalty
This report was presented by the 20th Law Commission of India, which recommends the abolition of the death penalty.
The Commission stated that all cases should be exempt from the death penalty, except for those involving waging war or acts of terrorism. It has been noted that the deterrent effect of the death sentence is comparable to that of life in prison. Three of the nine members of the commission had a different opinion on this matter. They pushed for the avoidance of the death penalty.
In this report, the doctrine of ‘rarest of the rare’ instances was also covered. The Commission held that applying the death sentence in the rarest of rare circumstances does not guarantee that there won’t be a mistake in the delivery of justice.
The commission, therefore, concluded that the authorities should consider removing the death sentence, barring cases of terrorist activity and waging war.
Contribution of the Law Commission of India to national development
In India, the Law Commission plays a very important role in preserving the public interest. It aids in the creation of effective governmental policy. While it serves as an advisory body, on the one hand, it also condemns government actions and policies that do not benefit the general population.
In the event that a public policy has a flaw, it identifies the flaw and offers solutions. Additionally, the freedom to pursue issues on one’s own initiative is advantageous in situations where no one is present to complain about certain flawed legislation. The commission’s recommendations have been accepted even by the Supreme Court. The Apex Court has frequently accepted and implemented the commission’s suggestions.
The Law Commission of India’s output determines the speed of legal reform in the judicial system. According to data provided by Ajit Prakash Shah, the 20th Law Commission’s chairman, almost 45 percent of the commission’s proposals have so far been either executed or turned into legislation. Despite its theoretical independence, the Law Commission falls under the purview of the Ministry of Law and Justice. The Law Commission’s recommendation is not legally binding.
Whether the suggestions are adopted or rejected depends on the Ministry of Law and Justice’s discretion. There are a number of sound recommendations that are currently included in our legal system. The Law Commission is the driving force behind the fast-track courts, commercial courts, electoral changes, and various tribunals.
The Ministry of Law and Justice has received a number of significant recommendations from the Law Commission of India regarding the need to reform the Indian legal system. The following are some of the crucial suggestions submitted to the ministry:
Fast track courts
In the years 2003 and 2009, the Law Commission recommended the establishment of fast-track courts due to the soaring case backlog and justice delays. According to the 213th report issued in 2008, magistrates’ courts should be established with specialised technological advancement. A significant portion of the backlog cases at that time was attributable to check bounce proceedings under Section 138 of the Negotiable Instruments Act, 1881. The Commission suggested in its reports that the Central Government should give the state governments instructions on how to set up fast-track courts across the nation. For quick case resolution, the 11th Finance Commission of India suggested the establishment of a total of 1734 fast-track courts across the nation.
Regional benches of the Supreme Court
The establishment of an additional bench of the Apex Court of India was advocated by the 11th Law Commission of India in its 125th report of the year 1988. The length of the journey made by the litigant, who was from the northeastern regions and southern states of the Indian territory, was used as justification for the establishment of the regional courts. As the majority of appeal cases from high courts reach the Supreme Court, the establishment of regional appellate courts in the eastern, western, and southern regions of India will serve as an efficient approach for the plaintiffs to save time and money. Initially, this recommendation was not accepted by the Apex Court. Later on, in 2019, Shri Venkaiah Naidu, the Vice President of India, accepted the recommendation made by the Law Commission of India that the Supreme Court should be divided into two components: a constitutional bench to be seated in Delhi and other appellate benches to be established in four regions around the nation, namely the south, west, east, and the capital region.
Promotion of the alternate dispute resolution mechanism for clearing civil cases arrears
In its 213th report from 2008, the Law Commission of India advised that the alternate dispute resolution process be activated for the timely resolution of civil matters. The ADR processes of arbitration, mediation, and conciliation provide for case resolution outside of the court of law, which decreases the burden of the courts. To resolve issues more quickly, the commission also recommended the creation of Lok Adalats and the introduction of administrative tribunals at the village and block levels. The 221st report from 2009 also suggested urging the parties to use ADR as a means of expediting the resolution of civil disputes.
Amendments in the Code of Criminal Procedure, 1974
The Law Commission of India has contributed to the legal reforms in India by suggesting several changes to the Criminal Procedure Code, 1974 in different reports. Some of these suggestions are listed below –
- The Law Commission of India suggested in its 141st report in the year 1991 to amend Section 256 of the Criminal Procedure Code, 1974 which allows a dismissed case to be reopened in the justifiable absence of the plaintiff in cases where the defendant was found not guilty.
- The prosecution’s interests should not be harmed by the acquittal of the defendant on the basis of the plaintiff’s absence, according to Section 482, which was proposed to be changed.
- The Law Commission suggested changing Section 437 of the Criminal Procedure Code, 1971 in its 154th report in 1996. In a related report, the Commission recommended the addition of Section 436A for the release of jail prisoners awaiting trial.
- A change to Section 309 was also requested since it was determined that adjournments affect the time and expenditures of the courts and that the party asking for the adjournment must pay the costs, which should be paid to the opposing party under the provisions of the section.
Shortcomings in the Law Commission of India
Although the Law Commission acts as an advisory body that looks for the flaws in the legal system, this does not mean that the Law Commission of India is itself free from all the shortcomings. There are numerous shortcomings, even in the Law Commission of India. Some of these lacunae are as follows –
Advisory body
The Law Commission of India is merely an advisory body. It cannot pass legislation or regulate. This makes the Law Commission of India merely a puppet of the Central Government. The same is evident from the prevalent scenario where the Central Government failed to constitute the composition of the 22nd Law Commission of India despite its establishment 2 years back.
However, in 2021, when the Supreme Court of India received a Public Interest Litigation (PIL) for making the Law Commission of India a ‘statutory body’, the Apex Court issued a notice for the same to the central government. As of now, no action has been taken by the central government.
Theoretical independence
Numerous legal experts have pointed out that the Law Commission of India is an autonomous body only on paper. In reality, the same does not exist. The Law Commission of India works “under” the Ministry of Law and Justice; hence, it ceases to act as an independent body.
Extensive decision-making process
The Law Commission of India is criticised for its unnecessary timeframe for taking a decision. The process of making a report is also very long, which makes it unfit in the 21st-century fast-growing world. Hence, it can be said that the Law Commission of India needs to make numerous changes in its administrative department for better outcomes.
Lack of technological advancement
The Law Commission of India lacks technology. Even today, the commission works with pen and paper and follows the same orthodox methods of research and examination, making it obsolete. Hence, the introduction of reforms in the Law Commission of India is the need of the hour.
Inadequacy of staff
The capability of the staff of the Law Commission of India is questionable. Certainly, there are numerous administrative officers and legal experts who constitute the staff of the commission. However, the efficiency of the staff is not up to the mark. There is a need to include psychologists as well as sociologists as members of the law commission to suggest recommendations based on the prevalent social scenario and the general public’s response.
Also, instead of retiring judges, the composition of the law commission should have current Supreme Court judges with jurisprudential experience serving as its full-time officeholders.
Conclusion
The contribution of law commissions in India is irreplaceable. Despite the fact that it is merely an advisory body, it acts as a backbone of the reforms in the Indian legal system. From helping the government to make fair public policies and laws to ensuring the proper delivery of justice, the law commission has worked efficiently. Even before independence, the credit for the introduction of legal reforms was given to the Law Commission of India. It has played a pivotal role in the transformation of the Indian judicial system. It not just corrects the flaws in the decisions taken by the government but also analyses what the needs of future generations are and how the Indian legal system contributes to them.
However, the problems faced by the Law Commission of India need to be addressed on a war footing. The commission has been facing issues of independence as they are working under the executive, which ultimately works on the advice of politicians and other pressure groups. The executive umbrella is not helping the Law Commission of India in its administration but rather raising the issues of transparency and accountability. Even the appointment of the members of the Law Commission of India has been criticised by the general public for advocating favouritism. It is alleged that the members of the Law Commission of India are appointed by the Central Government, which uses the members as a weapon to get the desired results. Not just this, even the funds are one of the biggest hindrances to the efficiency and effectiveness of the Law Commission of India. In India, as per the figures for the 2022–23 budget, only 0.1 percent of the budget amount goes to the Ministry of Law and Justice. Out of which, hardly a pea-sized amount goes to the Law Commission of India. Rather than increasing, the amount for the budget allocation has been decreased by 16 percent from the 2021-22 budget. It’s also necessary to address the issue of how many of the commission’s suggestions have actually been implemented. After the adoption of the legislation by Parliament, the government must re-establish the Law Commission of India and grant it statutory standing.
The Law Commission of India has been operating effectively to modify the laws despite several problems it faces. These problems are acting as obstacles to the efficiency of the commission. Hence, both the government and the Law Commission of India need to work together with cooperation and coordination for the interest of the public at large.
The Law Commission of India will operate smoothly and produce excellent results as soon as the aforementioned problems are completely resolved.
Frequently Asked Questions (FAQs)
What did the infamous 71st report of the Law Commission of India state?
The 71st report of the Law Commission of India suggested amending the Hindu Marriage Act, 1955 to add an irretrievable breakdown of marriage as a new reason for awarding divorce among Hindus. It suggested adding a new section in the Act stating ‘The Hindu Marriage Act, 1955 – Irretrievable Breakdown of Marriage as a Ground for Divorce.’
The Law Commission of India has discussed in depth the drawbacks of the irretrievable breakdown theory in the fourth chapter of the 71st report. The following are the two primary objections covered in the report:
- The procedure for divorce will be simple as a result. It will enable the couples, or even just one of the spouses, to end the marriage for their personal gratification.
- It will give the accused person (spouse) the opportunity to benefit from his own mistake by terminating the marriage and separating from the partner.
What recommendations were made by the Benami Transactions Report by the Law Commission of India?
The Law Commission of India has taken up the issue of the prohibition of Benami transactions in response to a reference made on the topic by the Central Government in Letter no. 2462/72/Adv. F, issued on December 20, 1972, by the Minister of Law and Justice to the then Chairman of the Law Commission of India. After reviewing the prevalent circumstances at that time and addressing this reference, the Law Commission’s 57th Report made suggestions on ‘Benami transactions’.
The following are the key suggestions:
- The Law Commission recommends that the law should deny the benami nature of financial operations without criminalising them.
- The law should specifically state that the real owner of the land is the Benamidar once it is delivered to Benami.
- In addition, the Law Commission advised exclusions in a few circumstances, such as where purchases were made by the trustees for the beneficiaries of the trust or by Karta for himself and other members of the joint Hindu family.
- Moreover, the Law Commission of India suggested that the law should be operated prospectively and that the legislation must not apply to transactions made in the past because those transactions might have been made with the understanding that the rightful owner could always make the claim of his legal protections against the Benamidar in accordance with the law.
What is the stance of the Law Commission of India on the Uniform Civil Code?
According to the Law Commission of India, a uniform civil code is not essential nor desirable at this time. The Law Commission has placed more emphasis on eradicating prejudice against women within groups than on pursuing uniformity in family matters between social groups.
In response to a query from the Central Government on June 17, 2016, the Law Commission of India, headed by Justice B.S. Chauhan, whose tenure ended in August 2018, released a Consultation Paper on Reforms in Family Law. The central government asked the Law Commission to ‘examine issues in relation to the uniform civil code’.
According to the Law Commission of India, it has made an attempt to comprehend, recognize, and finally advise appropriate legislative solutions that would eliminate discriminatory elements under the family laws.
Elaborating its stance on the Uniform Civil Code, the Law Commission of India stated that –
“While the diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of the society, must not be dis-privileged in the process. Resolution of this conflict does not mean the abolition of difference. This commission has therefore dealt with laws that are discriminatory, rather than providing a uniform civil code, which is neither necessary nor desirable at this stage.”
References
- https://www.lawinsider.in/columns/analysis-of-law-commission-of-india
- https://lawcommissionofindia.nic.in/
- https://blog.ipleaders.in/law-commission-of-india-2/
- https://www.advocatekhoj.com/library/lawreports/index.php
- https://prsindia.org/policy/report-summaries/law-commission-report-summary-electoral-disqualifications
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