23rd Law Commission Set Up | 04 Sep 2024

Source: IE

Why in News?

Recently, the Ministry of Law and Justice set up the 23rd Law Commission for a three-year term, from 1st September 2024 to 31st August 2027.

What are the Key Details About 23rd Law Commission?

  • Mandate: In line with the terms of reference of the 22nd Law Commission established in 2020, the newly constituted panel has been assigned the task of reviewing existing laws in the context of the Directive Principles of State Policy.
  • Terms of Reference: 
    • Examine existing laws in relation to the Directive Principles of State Policy and suggest reforms to align with the Directive Principles and Constitutional Preamble objectives.
    • Examine the impact of globalisation on food security and unemployment.
    • Recommend measures for the protection of the interests of the marginalised.
    • Review and enhance the judicial administration to make it more responsive and efficient.
      • The goals include reducing delays, simplifying High Court rules, and establishing a case flow management framework.

What is the Law Commission?

  • About: It is a non-statutory body established through a notification from the Government of India’s Ministry of Law and Justice to carry out research in the field of law for legal reforms.
    • It is established for a fixed tenure and works as an advisory body.
  • History of the Law Commission: The first law commission was established in 1834 under the Charter Act of 1833 under the chairmanship of Lord Macaulay. 
    • It recommended the codification of the Indian Penal Code and the Criminal Procedure Code.
    • Subsequently, the second, third, and fourth Law Commissions were formed in 1853, 1861, and 1879, respectively.
    • The Indian Code of Civil Procedure, 1908, the Indian Contract Act, 1872, the Indian Evidence Act, 1872 and the Transfer of Property Act, 1882 were developed by the first four Law Commissions. 
  • Formation of Law Commission After Independence: The first Law Commission of Independent India established in 1955 with the then Attorney-General of India, M. C. Setalvad, as its Chairman.
    • Since then 23 Law Commissions have been appointed, each with a three-year term.
  • Functions of the Law Commission: 
    • Review/Repeal of Obsolete Laws: Identify and recommend the repeal of obsolete and irrelevant laws.
    • Law and Poverty: Examines laws impacting the poor and conducts post-audits of socio-economic legislation.
    • Propose New Laws: Proposes new laws to implement Directive Principles and achieve the Preamble's objectives.
    • Judicial Administration: Reviews and provides recommendations on law and judicial administration issues referred by the Government.
  • Important Reports: The Law Commission of India has submitted 289 reports so far on various issues, some of the important reports are:
    • Report No. 283 (September, 2023): Age of Consent Under The Protection of Children From Sexual Offences Act,2012.
    • Report No. 271 (July 2017): Human DNA Profiling.
    • Report No. 273 (October 2017): Implementation of the United Nations Convention against Torture.
    • Report No. 274 (April 2018): Review of the Contempt of Courts Act, 1971