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DAILY NEWS ANALYSIS

GS-II :
  • 20 February, 2020

  • 2 Min Read

Law Commission of India

Syllabus subtopic: Structure, Organization and Functioning of the Executive and the Judiciary

Prelims and Mains focus: about the commission: composition and functions

News: The Union Cabinet gave its approval to set up the 22nd Law Commission. The Law Ministry will now notify the new panel, which will have a three-year term.

Background

  • In 2015, a proposal was mooted to make the law panel into a permanent body either through an Act of Parliament or an executive order (resolution of the Union Cabinet).

  • The move was shelved after the Prime Minister’s Office preferred the existing system to continue. In 2010, the then UPA government had prepared a draft Cabinet note to give statutory status to the commission but the idea did not take off.

About Law Commission of India

  • Law Commission of India is a non-statutory body constituted by the Government from time to time.

  • Originally formed in 1955, the commission is reconstituted every three years and so far, 277 reports have been submitted to the government. The tenure of the twenty-first Law Commission ended in August 2018.

Composition:

  • Chairperson: A retired Supreme Court judge or Chief Justice of a High Court.

  • Apart from a full-time chairperson, the commission will have four full-time members, including a member-secretary.

  • The Law and Legislative Secretaries in the Law Ministry will be ex-officio members of the commission.

  • It will also have not more than five part-time members.

Functions

  • The Law Commission advises the government on complex legal issues.

  • The Law Commission shall, on a reference made to it by the Central Government or suo motu, undertake research in law and review of existing laws in India for making reforms and enacting new legislation.

  • It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation, etc..

21st Law Commission

  • The previous Law Commission, under Justice B.S. Chauhan (retd.), had submitted reports and working papers on key issues such as simultaneous elections to the Lok Sabha and the Assemblies and a uniform civil code.

  • While it supported simultaneous elections, the commission had said the time for a common code was not yet ripe.

Source: The Hindu


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