Context: Recently, the government set up the 23rd Law Commission for three years from September 1, 2024 to August 31, 2027.

About the New Commission

• Mandate: To review and recommend legal reforms to enhance the Indian legal system.

• The new commission will advise the government on complex legal issues.

• Composition: It will consist of a full-time chairperson, four full-time members, and the secretaries of the Department of Legal Affairs and the Legislative Department as ex-officio members.

• Appointment of Members: The commission can include serving Supreme Court and High Court judges as its chairperson and members, continuing the precedent set by the 21st and 22nd Law Commissions. However, recent commissions have predominantly been headed by retired judges or former Chief Justices of High Courts.

• Terms of Reference (ToR): The terms of reference include reviewing the judicial administration system to make it more responsive to the demands of the time. Among the goals are eliminating delays, simplifying High Courts rules and implementing a framework for case flow management.

• Directive Principles of State Policy (DPSPs): It also includes examining laws in the context of the Directive Principles, which advocate for a Uniform Civil Code under Article 44 of the Constitution. To ensure effective implementation of DPSPs and to attain the objectives set out in the Preamble.

• Review/Repeal of obsolete laws: Create a Standard Operating Procedure for periodic review of existing laws for simplification. Based on the relevance, current economic needs, suggest repealing and amendments to the laws.

• Law and Poverty: Examine laws affecting the poor and conduct post-enactment audits of socio-economic legislation.

• Gender Equality: Strengthen laws through examination and suggesting amendments.

• Revision of Central Acts to remove anomalies and inequities.

• Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the marginalized.

Law Commission of India

• Law Commission of India is a non-statutory body. It acts as an advisory body to the Ministry of Law and Justice

• Aim: To Reform the laws for maximizing justice in society and promoting good governance under the rule of law.

• It conducts research and provides recommendations based on the defined ToRs.

• History: The Law Commission was first constituted in 1834 by the Governor-General (empowered by the Charter Act,1833) under the Chairmanship of Lord Macaulay.

• The Commission was originally constituted in 1955 and is re-constituted from time to time.

• It is constituted by a notification of the Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.

• The Law Commission has taken up various subjects on references made by Department of Legal Affairs, Supreme Court and High Courts and submitted 277 reports. The Law Commission of India provides excellent thought provoking and vital review of the laws in India.