Law Commission of India
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Formation | First time in 1834; (Current in 2022) |
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Type | Agency of Government of India |
Legal status | Ad hoc, term based |
Purpose | Law Reform in India |
Headquarters | New Delhi |
Location |
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Membership | Chairman, 1 Permanent Member, 1 Member Secretary, 2 Part-time Members, 2 ex-officio members |
Chairman | Justice Ritu Raj Awasthi (22nd Law Commission) |
Full-time Member | Justice KT Shankaran, Prof. (Dr.) Anand Paliwal, Prof DP Verma |
Part-time Members | Prof Raka Arya, Adv. Karanuanithi |
Website | www.lawcommissionofindia.nic.in |
The Law Commission of India is an executive body established by an order of the Government of India. The commission's function is to research and advise the government on legal reform, and is composed of legal experts, and headed by a retired judge. The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
The first Law Commission was established during colonial rule in India by the East India Company under the Charter Act of 1833 and was presided over by Lord Macaulay. After that, three more commissions were established in British India. The first Law Commission of independent India was established in 1955 for a three-year term. Since then, twenty-one more commissions have been established. The last chairman of the Law Commission was retired Supreme Court judge Justice B.S. Chauhan, who completed his tenure on 31 August 2018. Subsequently, the commission has not been reconstituted. In February 2020, the Government of India announced its intention to reconstitute the commission, and the Supreme Court of India is currently hearing a petition challenging the delay in appointing members to the 22nd Law Commission.[1] On November 7, 2022, Justice Rituraj Awasthi (Former Chief Justice of the Karnataka HC) was appointed as the chairperson of the 22nd Law Commission and Justice KT Sankaran, Prof.(Dr.) Anand Paliwal, Prof. DP Verma, Prof. (Dr) Raka Arya and Shri M. Karunanithi as members of the commission.[2][3]
Evolution of Law Commission in India
[edit]This article is part of a series on the |
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The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company, which was granted royal charters and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the company exercised control.[4] During this period of administration by the company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This was considered as a major stumbling block for proper administration by the British government during the times which is now known as the British Raj. In order to improve the law-and-order situation and also to ensure uniformity of legal administration, various options were looked for. Until then the British government had been passing various enactments to deal with particular situations, such as the Prohibition of Sati in (1829) by Lord William Bentinck under the influence of Raja Ram Mohan Roy. However, it was for the first time in (1833) that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul was instituted.
Pre-Independence Law Commissions of India
[edit]The first Law Commission was established in 1834 by the British government under the chairmanship of Lord Macaulay.[5] It suggested various enactments to the British government, most of which were passed and enacted and are still in force in India. Few of the most important recommendations made by this first Law Commission were those on the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under.
First Pre-Independence Law Commission | Second Pre-Independence Law Commission | Third Pre-Independence Law Commission | Fourth Pre-Independence Law Commission | |
---|---|---|---|---|
Established | 1834 | 1853 | 1861 | 1879 |
Chairman | Dr. Whitley Stokes[7] | |||
Members[6] | (1) J.M. Macleod, (2) G.W. Anderson, and (3) F. Millet | (1) Sir Lord Jervis, (2) Sir Edward Ryan, (3) R. Lowe, (4) J.M. Macleod, (5) C.H. Cameron, and (6) T.E. Ellis | Initially (1) Sir Edward Ryan, (2) R. Lowe, (3) J.M. Macleod, (4) Sir W. Erle, and (5) Justice Wills. Subsequently, Sir W. Erle, and Justice Wills succeeded by Sir W.M. James and J. Henderson. Later J. Henderson replaced by Justice Lush. | (1) Sir Charles Turner, and (2) Raymond West |
Reports[6][8][9] | Penal Code (2 May 1837) | Code of Civil Procedure and Law of Limitation (1859) | A code for Succession and Inheritance for Indians other than Hindus and Muslims (1865) | Code of Negotiable Instruments (1881) |
Lex Loci (role and authority of English law in India) (31 October 1840) | Penal Code (1860) | Draft Contract Law (1866) | Code on Trusts Law (1882) | |
– | Code of Criminal Procedure (1861) | Draft Negotiable Instruments Law (1867) | Code on Transfer of Property and Easements (1882) | |
– | – | Draft Evidence Law (1868) | Revised Code of Criminal Procedure (1882) | |
– | – | Revision of Code of Criminal Procedure (1870) | Revised Code of Civil Procedure (1882) | |
– | – | Draft Transfer of Property Law (1870) | – | |
– | – | Draft Code on Insurance (1871) | – |
A two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;[10]
- 1863 - Religious Endowments Act
- 1864 - Official Trustees Act
- 1865 - Carriers Act
- 1865 - Parsi Marriage and Divorce Act
- 1865 - Parsi Intestate Succession Act
- 1866 - Indian Companies Act
- 1866 - Native Converts Marriage Dissolution Act
- 1866 – Trustees Act
- 1866 – Trustees and Mortgage Powers Act
- 1867 – Press and Registration of Books Act
- 1868 – General Clauses Act
- 1869 – Divorce Act
- 1870 – Court Fees Act
- 1870 – Land Acquisition Act
- 1870 – Female Infanticide Act
- 1870 – Female Infanticide Prevention Act
- 1870 – Hindu Wills Act
- 1872 – Code of Criminal Procedure (revised)
- 1872 – Indian Contract Act
- 1872 – Indian Evidence Act
- 1872 – Special Marriages Act
- 1872 – Punjab Laws Act
Law Commissions in Independent India
[edit]The tradition of pursuing law reform through the medium of a law commission was continued in post-independent India. The first law commission in independent India was established in 1955 and since then twenty more law commissions have been established. Each of these commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the legal diaspora of India. The contribution of each of these commissions has been enumerated below.
First Law Commission
[edit]The First Law Commission of independent India was established in 1955. The chairman of this commission was M. C. Setalvad, who was also the first attorney-general of India. The term of this commission was established as three years (which by convention has been followed till date) and this commission submitted its last report on 26 September 1958. The reports submitted by the First Law Commission of India are as under.[11]
Report no. | Date of presentation | Title of report |
---|---|---|
1 | 11 May 1956 | Liability of the State in Tort |
2 | 2 July 1956 | Parliamentary Legislation relating to Sales Tax |
3 | 21 July 1956 | Limitation Act, 1908 |
4 | 1 August 1956 | On the proposal that High Courts should sit in Benches at different places in a State |
5 | 11 May 1957 | British Statutes Applicable to India |
6 | 13 July 1957 | Registration Act, 1908 |
7 | 13 July 1957 | Partnership Act, 1932 |
8 | 1 March 1958 | Sale of Goods Act, 1930 |
9 | 19 July 1958 | Specific Relief Act, 1877 |
10 | 26 September 1958 | Law of Acquisition and Requisitioning of Law |
11 | 26 September 1958 | Negotiable Instruments Act, 1881 |
12 | 26 September 1958 | Income Tax Act, 1922 |
13 | 26 September 1958 | Contract Act, 1872 |
14 | 26 September 1958 | Reform of Judicial Administration |
Second Law Commission
[edit]The Second Law Commission was established in 1958 under the chairmanship of Justice T. V. Venkatarama Aiyar. It stayed in office till 1961.[12] It presented the following reports.[13]
Report no. | Presented in | Title of report |
---|---|---|
15 | 1960 | Law relating to Marriage and Divorce amongst Christians in India |
16 | 1960 | Official Trustees Act, 1913 |
17 | 1961 | Report on Trusts Act, 1882 |
18 | 1961 | Converts' Marriage Dissolution Act, 1866 |
19 | 1961 | The Administrator-General's Act, 1913 |
20 | 1961 | The Law of Hire-Purchase |
21 | 1961 | Marine Insurance |
22 | 1961 | Christian Marriage and Matrimonial Causes Bill,1961 |
Third Law Commission
[edit]The Third Law Commission was established in 1961 under the chairmanship of Justice J. L. Kapur. It stayed in office till 1964.[12] It presented the following reports.[14]
Report no. | Presented in | Title of report |
---|---|---|
23 | 1962 | Law of Foreign Marriages |
24 | 1962 | The Commission of Inquiry Act, 1952 |
25 | 1963 | Evidence of Officers about forged stamps, currency notes, etc. Section 509-A Cr.P.C. as proposed |
26 | 1964 | Insolvency Laws |
27 | 1964 | The Code of Civil Procedure, 1908 |
28 | 1964 | The Indian Oaths Act, 1873 |
Fourth Law Commission
[edit]The Fourth Law Commission was established in 1964 and was again under the chairmanship of Justice J. L. Kapur. It stayed in office till 1968.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
29 | 1967 | Proposal to include certain Social and Economic Offences in the Indian Penal Code, 1860 |
30 | 1967 | Section 5 of the Central Sales Tax Act, 1956, taxation by the States in the course of import |
31 | 1967 | Section 30(2) of the Indian Registration Act, 1908 – Extension to Delhi |
32 | 1967 | Section 9 of the Code of Criminal Procedure, 1898 |
33 | 1967 | Section 44 of the Code of Criminal Procedure, 1898 |
34 | 1967 | Indian Registration Act, 1908 |
35 | 1967 | Capital Punishment |
36 | 1967 | Section 497, 498 and 499 of the Code of Criminal Procedure, 1898 |
37 | 1967 | The Code of Criminal Procedure, 1898 |
38 | 1968 | Indian Post Office Act, 1898 |
Fifth Law Commission
[edit]The Fifth Law Commission was established in 1968 under the chairmanship of K. V. K. Sundaram. It stayed in office till 1971.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
39 | 1968 | Punishment for imprisonment for life under the Indian Penal Code |
40 | 1969 | Law relating to attendance of Prisoners in Courts |
41 | 1969 | The Code of Criminal Procedure, 1898 |
42 | 1971 | Indian Penal Code |
43 | 1971 | Offences against the National Security |
44 | 1971 | The Appellate Jurisdiction of the Supreme Court in Civil Matters |
Sixth Law Commission
[edit]The Sixth Law Commission was established in 1971 under the chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1974.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
45 | 1971 | Civil Appeals to the Supreme Court on a Certificate of Fitness |
46 | 1971 | The Constitution (Twenty-Fifth Amendment) Bill, 1971 |
47 | 1972 | The trial and punishment of Social and Economic Offences |
48 | 1972 | Some questions under the Code of Criminal Procedure Bill, 1970 |
49 | 1972 | The proposal for inclusion of agricultural income in the total income |
50 | 1972 | The proposal to include persons connected with the Public examination within the definition of 'Public Servant' |
51 | 1972 | Compensation of injuries caused by automobiles in hit-and-run cases |
52 | 1972 | Estate duty on property acquired after death |
53 | 1972 | Effect of the Pensions Act, 1871 on the right to sue for pensions of retired members of public service |
54 | 1973 | The Code of Civil Procedure, 1908 |
55 | 1973 | Rate of Interest after decree and interest on costs under Section 34 and 35 of the Code of Civil Procedure, 1908 |
56 | 1973 | Statutory Provision as to the Notice of Suit other than Section 80, Civil Procedure Code, 1908 |
57 | 1973 | Benami Transactions |
58 | 1974 | Stature and Jurisdiction of the Higher Judiciary |
59 | 1974 | Hindu Marriage Act, 1955 and Special Marriage Act, 1954 |
60 | 1974 | The General Clauses Act, 1897 |
61 | 1974 | Certain problems with the power of the States to levy a tax on the sale of goods |
Seventh Law Commission
[edit]The Seventh Law Commission was established in 1974 again under the chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1977.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
62 | 1974 | Workmen's Compensation Act, 1923 |
63 | 1975 | The Interest Act, 1839 |
64 | 1975 | The Suppression of Immoral Traffic in Women and Girls Act, 1956 |
65 | 1976 | Recognition of Foreign Divorces |
66 | 1976 | Married Women's Property Act, 1874 |
67 | 1977 | The Indian Stamp Act, 1899 |
68 | 1977 | The Power of Attorney Act, 1882 |
69 | 1977 | The Indian Evidence Act, 1872 |
70 | 1977 | The Transfer of Property Act, 1882 |
Eighth Law Commission
[edit]The Eighth Law Commission was established in 1977 under the chairmanship of Justice H. R. Khanna. It stayed in office till 1979.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
71 | 1978 | Irretrievable breakdown of marriage as a ground for divorce |
72 | 1978 | Restriction on practice after being a permanent judge |
73 | 1978 | Criminal liability for failure by husband to pay maintenance or permanent alimony granted to the wife |
74 | 1978 | Proposal to amend the Indian Evidence Act, 1872 so as to render Admissible certain statements made by witnesses before Commissions of Inquiry and other Statutory Authorities |
75 | 1978 | Disciplinary jurisdiction under the Advocates Act, 1961 |
76 | 1978 | Arbitration Act, 1940 |
77 | 1979 | Delay and arrears in trial courts |
78 | 1979 | Congestion of under trial persons in jails |
79 | 1979 | Delays and arrears in High Courts and other Appellate Courts |
80 | 1979 | Method of Appointment of Judges |
Ninth Law Commission
[edit]The Ninth Law Commission was established in 1979 under the chairmanship of Justice P. V. Dixit. It stayed in office till 1980.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
81 | 1979 | Hindu Widows Remarriage Act, 1856 |
82 | 1980 | Effect of nomination under Section 39, Insurance Act, 1938 |
83 | 1980 | The Guardian and Wards Act, 1890 |
84 | 1980 | Rape and allied offences-some questions of substantive law, procedure and evidence |
85 | 1980 | Claims for compensation under Chapter 8 of the Motor Vehicles Act, 1939 |
86 | 1980 | The Partition Act, 1893 |
87 | 1980 | Identification of Prisoners Act, 1920 |
Tenth Law Commission
[edit]The Tenth Law Commission was established in 1981 under the chairmanship of Justice K. K. Mathew. It stayed in office till 1985.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
88 | 1983 | Governmental Privileges in Evidence |
89 | 1983 | The Limitation Act, 1963 |
90 | 1983 | The Grounds for Divorce amongst Christians in India |
91 | 1983 | Dowry deaths and law reform |
92 | 1983 | Damages in applications for Judicial Review Recommendations for legislation |
93 | 1983 | Disclosures of sources of information by mass media |
94 | 1983 | Evidence obtained illegally or improperly |
95 | 1984 | Constitutional Division within Supreme Court |
96 | 1984 | Repeal of certain obsolete Central Acts |
97 | 1984 | Section 28 of the Indian Contract Act, 1872: prescriptive clauses in contracts |
98 | 1984 | Sections 24 to 26 of the Hindu Marriage Act, 1955 |
99 | 1984 | Oral and written arguments in the Higher courts |
100 | 1984 | Litigation by and against the Government |
101 | 1984 | Freedom of Speech and Expression under Article 19 of the Constitution |
102 | 1984 | Section 122(1) of the Code of Criminal Procedure, 1973 |
103 | 1984 | Unfair Terms in contracts |
104 | 1984 | The Judicial Officers' Protection Act, 1850 |
105 | 1984 | Quality control and inspection of consumer goods |
106 | 1984 | Section 103A, Motor Vehicles Act, 1939 |
107 | 1984 | Law of Citizenship |
108 | 1984 | Promissory Estoppel |
109 | 1985 | Obscene and Indecent Advertisements and Displays |
110 | 1985 | Indian Succession Act, 1925 |
111 | 1985 | Fatal Incidents Act, 1955 |
112 | 1985 | Section 45 of the Insurance Act, 1938 |
113 | 1985 | Injuries in Police Custody |
Eleventh Law Commission
[edit]The Eleventh Law Commission was established in 1985 under the chairmanship of Justice D. A. Desai. It stayed in office till 1988.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
114 | 1986 | Gram Nyayalaya |
115 | 1986 | Tax Courts |
116 | 1986 | Formation of an All India Judicial Service |
117 | 1986 | Training of Judicial Officers |
118 | 1986 | Method of appointment to subordinate courts |
119 | 1987 | Access to Exclusive Forum for victims of motor accidents |
120 | 1987 | Manpower planning in Judiciary |
121 | 1987 | A new forum for Judicial Appointments |
122 | 1987 | Forum for National uniformity in Labour Adjudication |
123 | 1988 | Decentralization in Administration of Justice |
124 | 1988 | The High Court Arrears – A fresh look |
125 | 1988 | The Supreme Court – A fresh look |
126 | 1988 | Government and Public Sector Undertaking Litigation policy and Strategies |
127 | 1988 | Resource Allocation for Infra-Structural Services in Judicial Administration |
128 | 1988 | Cost of Litigation |
129 | 1988 | Urban Litigation – Mediation as alternative to Litigation |
130 | 1988 | Benami Transactions : A continuum |
131 | 1988 | Role of legal profession in Administration of Justice |
Twelfth Law Commission
[edit]The Twelfth Law Commission was established in 1988 under the chairmanship of Justice Manharlal Pranlal Thakkar. It stayed in office till 1989.[12] It presented the following reports.
Report no. | Presented in | Title of report |
---|---|---|
132 | 1989 | Need for Amendment of the Provisions of the Chapter IX of the Code of Criminal Procedure, 1973 in order to ameliorate the hardship and mitigate the distress of Neglected Women, Children and Parents |
133 | 1989 | Removal of discrimination against Women in matters relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare Principle |
134 | 1989 | Removing Deficiencies in certain provisions of the Workmen's Compensation Act, 1923 |
135 | 1989 | Women in Custody |
136 | 1990 | Conflicts in High Court decisions on Central Laws – How to foreclose and how to resolve |
137 | 1990 | Need for creating office of Ombudsman |
138 | 1990 | Legislative Protection for Slum and Pavement Dwellers |
139 | 1991 | Urgent need to amend Order XXI, Rule 92(2), Civil Procedure Code, 1908 |
140 | 1991 | Need to amend Order V, Rule 19A of the Civil Procedure Code, 1908 |
141 | 1991 | Need for amending the laws as regards power of courts to resolve criminal revisional applications and criminal cases dismissed for default in appearance |
142 | 1991 | Confessional treatment for offenders who on their own initiative choose to plead guilty without any bargaining |
143 | 1991 | Legislative safeguards for protecting the small depositors from exploitation |
Thirteenth Law Commission
[edit]The Thirteenth Law Commission was established in 1991 under the chairmanship of Justice K. N. Singh. It stayed in office till 1994.[12] It presented the following reports.[15]
Report no. | Presented in | Title of report |
---|---|---|
144 | 1992 | Conflicting Judicial decisions pertaining to the Code of Civil Procedure, 1908 |
145 | 1992 | Article 12 of the Constitution and Public Sector Undertakings |
146 | 1993 | Sale of Women and Children: Proposed Section 373-A, Indian Penal Code |
147 | 1993 | The Specific Relief Act, 1963 |
148 | 1993 | Repeal of Certain pre-1947 Central Acts |
149 | 1994 | Removal of certain deficiencies in the Motor Vehicles Act, 1988 (Act No. 59 of 1988) |
150 | 1994 | Suggesting some Amendments to the Code of Civil Procedure (Act No. V of 1908) |
151 | 1994 | Admiralty Jurisdiction |
152 | 1994 | Custodial Crimes |
153 | 1994 | Inter-Country Adoption |
Fourteenth Law Commission
[edit]The Fourteenth Law Commission was established in 1995 under the chairmanship of Justice K. Jayachandra Reddy. It stayed in office till 1997.[12] It presented the following reports.[16]
Report no. | Date of presentation | Title of report |
---|---|---|
154 | 22 August 1996 | The Code of Criminal Procedure, 1973 (Act No. 2 of 1974) |
155 | 12 July 1997 | The Narcotics Drugs and Psychotropic Substances Act, 1985(Act No. 61 of 1985) |
156 | 30 August 1997 | The Indian Penal Code |
Fifteenth Law Commission
[edit]The Fifteenth Law Commission was established in 1997 under the chairmanship of Justice B. P. Jeevan Reddy. It stayed in office till 2000.[12] It presented the following reports.[17]
Report no. | Presented in | Title of report |
---|---|---|
157 | 1998 | Section 52:Transfer of Property Act, 1882 and its Amendment |
158 | 1998 | The Amendment of the Industries (Development and Regulation) Act, 1951 |
159 | 1998 | Repeal and Amendment of Laws: Part I |
160 | 1998 | Amendment to the All India Council for Technical Education Act, 1987 (Act No. 52 of 1987) |
161 | 1998 | Central Vigilance Commission and Allied Bodies |
162 | 1998 | Review of functioning of Central Administrative Tribunal, Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal |
163 | 1998 | The Code of Civil Procedure (Amendment) Bill, 1997 |
164 | 1998 | The Indian Divorce Act, 1869 (Act IV of 1869) |
165 | 1998 | Free and Compulsory Education for Children |
166 | 1999 | The Corrupt Public Servants (forfeiture of property) Bill |
167 | 1999 | The Patents (Amendment) Bill, 1998 |
168 | 1999 | The Hire-Purchase Act,1972 |
169 | 1999 | Amendment of Army, Navy and Air Force Act |
170 | 1999 | Reform of Electoral Laws |
171 | 2000 | The Biodiversity Bill, 2000 |
172 | 2000 | Review of Rape Laws |
173 | 2000 | Prevention of Terrorism Bill, 2000 |
174 | 2000 | Property Rights of Women: Proposed Reforms Under the Hindu Law |
Sixteenth Law Commission
[edit]The Sixteenth Law Commission was established in 2000. For the period till 2001 Justice B. P. Jeevan Reddy continued as the chairman of the commission while in the period between 2002 and 2003 the commission worked under the chairmanship of Justice M. Jagannadha Rao.[12] It presented the following reports.[18]
Report no. | Presented in | Title of report |
---|---|---|
175 | 2000 | The Foreigners (Amendment) Bill, 2000 |
176 | 2001 | The Arbitration and conciliation (Amendment) Bill, 2002 |
177 | 2001 | Law Relating to Arrest |
178 | 2001 | Recommendations for amending various enactments, both civil and criminal |
179 | 2001 | Public Interest Disclosure and Protection of Informers |
180 | 2002 | Article 20 (3) of the Constitution of India and Right to Silence |
181 | 2002 | Amendment to Section 106 of the Transfer of Property Act, 1882 |
182 | 2002 | Amendment of Section 6 of the Land Acquisition Act, 1894 |
183 | 2002 | A Continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes |
184 | 2002 | Legal Education & Professional Training and Proposals for amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956 |
185 | 2003 | Review of the Indian Evidence Act, 1872 |
Seventeenth Law Commission
[edit]The Seventeenth Law Commission was established in 2003 and continued to be under the chairmanship of Justice M. Jagannadha Rao. It stayed in office till 2006.[12] It presented the following reports.[19]
Report no. | Presented in | Title of report |
---|---|---|
186 | 2003 | Proposal to Constitute Environment Courts |
187 | 2003 | Mode of Execution of Death Sentence and Incidental Matters |
188 | 2003 | The Proposals for Constitution of Hi-Tech Fast – Track Commercial Divisions in High Courts |
189 | 2004 | Revision of Court Fees Structure |
190 | 2004 | The Revision of the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999 |
191 | 2004 | Regulation of Funds collected for Calamity Relief. |
192 | 2005 | Prevention of vexatious Litigation |
193 | 2005 | Transnational Litigation, Conflict of Laws, Law of Limitation |
194 | 2005 | Verification of Stamp Duties and Registration of Arbitral Awards |
195 | 2006 | The Judges (Inquiry) Bill, 2005 |
196 | 2006 | Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners) |
197 | 2006 | Public Prosecutor's Appointments |
198 | 2006 | Witness Identity Protection and Witness Protection Programmes |
199 | 2006 | Unfair (Procedural and Substantive) Terms in Contracts |
200 | 2006 | Trial by Media : Free Speech Vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971) |
201 | 2006 | Medical Treatment after Accidents and During Emergency Medical Condition and Women in Labour |
Eighteenth Law Commission
[edit]The Eighteenth Law Commission of India was established on 1 September 2006 and continued till 31 August 2009. Justice M. Jagannadha Rao continued to serve as the chairman of the commission until 28 May 2007 on which date Justice A. R. Lakshmanan was appointed as the chairman of the commission. It presented the following reports.
Report no. | Date of presentation | Title of report |
---|---|---|
202 | 9 October 2007 | Proposal to Amend Section 304-B of the Indian Penal Code |
203 | 26 December 2007 | Section 438 of the Code of Criminal Procedure, 1973 as Amended by the Code of Criminal Procedure (Amendment) Act, 2005 (Anticipatory Bail) |
204 | 5 February 2008 | Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005 |
205 | 5 February 2008 | Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other allied Laws |
206 | 10 June 2008 | Proposal for enactment of new Coroners Act applicable to the whole of India |
207 | 10 June 2008 | Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving herself acquired property with no heirs |
208 | 30 July 2008 | Proposal for the amendment of explanation to Section 6 of the Hindu Succession Act, 1956 to include oral partition and family arrangement on the definition of 'partition' |
209 | 30 July 2008 | Proposal for the omission of Section 213 from the Indian Succession Act, 1925 |
210 | 17 October 2008 | Humanization and Decriminalization of Attempt to Suicide |
211 | 17 October 2008 | Laws on Registration of Marriages and Divorce – A proposal for Consolidation and Reform |
212 | 17 October 2008 | Laws of Civil Marriage in India – A proposal to Resolve Certain Conflicts |
213 | 24 November 2008 | Fast Track Magisterial Courts for Dishonoured Cheque Cases |
214 | 21 November 2008 | Proposal for reconsideration of Judges Case I, II and III – S P Gupta Vs, UOI |
215 | 17 December 2008 | L. Chandra Kumar be revisited by Larger Bench of Supreme Court |
216 | 17 December 2008 | Non-Feasibility of introduction of Hindi as compulsory language in the Supreme Court of India |
217 | 30 March 2009 | Irretrievable Breakdown of Marriage – Another Ground for Divorce |
218 | 30 March 2009 | Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction (1980) |
219 | 30 March 2009 | Need for Family Law Legislations for Non-resident Indians |
220 | 30 March 2009 | Need to fix Maximum Chargeable Court-fees in Subordinate Civil Courts |
221 | 30 April 2009 | Need for Speedy Justice – Some Suggestions |
222 | 30 April 2009 | Need for Justice-dispensation through ADR etc. |
223 | 30 April 2009 | Need for Ameliorating the lot of the Have-nots – Supreme Court's judgments |
224 | 2009 | Amendment of Section 2 of the Divorce Act 1869 Enabling Non-domiciled Estranged Christian Wives to seek Divorce. |
225 | 2009 | Amendment of Sections 7, 7A, and 7B of Industrial Disputes Act 1947 Making Advocates Eligible to man Labour Courts and Industrial Tribunals. 2009 |
226 | 2009 | The Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a Law for Compensation for Victims of Crime. |
227 | 2009 | Preventing Bigamy via Conversion to Islam – A Proposal for giving Statutory Effect to Supreme Court Rulings |
228 | 2009 | Need For Legislation to Regulate Assisted Reproductive Technology Clinics as Well as Rights and Obligations of Parties to a Surrogacy |
229 | 2009 | Need for division of the Supreme Court into a Constitution Bench at Delhi and Cassation Benches in four regions at Delhi, Chennai/ Hyderabad, Kolkata and Mumbai |
230 | 2009 | Reforms in the Judiciary – Some suggestions |
231 | 2009 | Amendments in Indian Stamp Act 1899 And Court-Fees Act 1870 Permitting Different Modes of Payment |
232 | 2009 | Retirement Age of chairpersons and Members of Tribunals – Need for Uniformity |
233 | 2009 | Amendment of Code of Criminal Procedure Enabling Restoration of Complaints |
234 | 2009 | Legal Reforms to Combat Road Accidents |
Nineteenth Law Commission
[edit]The nineteenth Law Commission of India's chairman was Justice P. V. Reddi, 2009–2012.[20]
Report no. | Presented in | Title of report |
---|---|---|
235 | 2010 | Conversion/reconversion to another religion – mode of proof |
236 | 2010 | Court-fees in Supreme Court vis-à-vis Corporate Litigation |
237 | 2011 | Compounding of (IPC) offences |
238 | 2011 | Amendment of Section 89 of the Code of Civil Procedure, 1908 and Allied provisions |
239 | 2012 | Expeditious Investigation and Trial of Criminal Cases Against 2012 Influential Public Personalities |
240 | 2012 | Costs in Civil Litigation |
241 | 2012 | Passive Euthanasia – A Relook |
242 | 2012 | Prevention of Interference with the freedom of Matrimonial Alliances 2012 (in the name of Honour and Tradition ) : A suggested legal framework |
243 | 2012 | Section 498 A, IPC |
Twentieth Law Commission
[edit]The Twentieth Law Commission of India's chairman were Justice D. K. Jain from January 2013 to October 2013 and Justice A. P. Shah from November 2013 to August 2015.[21] The Terms of Reference of the Twentieth Law Commission were as follows:- A. Review/Repeal of obsolete laws: (i) Identify laws which are no longer needed or relevant and can be immediately repealed. (ii) Identify laws which are not in harmony with the existing climate of economic liberalization and need change. (iii) Identify laws which otherwise require changes or amendments and to make suggestions for their amendment. (iv) Consider in a wider perspective the suggestions for revision/amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonising them. (v) Consider references made to it by Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/ Department. (vi) Suggest suitable measures for quick redressal of citizens grievances, in the field of law. B. Law and Poverty (i) Examine the Laws which affect the poor and carry out post-audit for socio-economic legislations. (ii) Take all such measures as may be necessary to harness law and the legal process in the service of the poor. C. Keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure: (i) elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principle that decisions should be just and fair. (ii) simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice. (iii) improvement of standards of all concerned with the administration of justice. D. Examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble to the Constitution. E. Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto. F. Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities. G. Recommend to the Government measure for making the statute book up to date by repealing obsolete laws and enactments or parts thereof which have outlived their utility. H. Consider and to convey to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through Ministry of Law and Justice (Department of Legal Affairs). I. Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law & Justice (Department of Legal Affairs). J. Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.
Report no. | Presented in | Title of report |
---|---|---|
244 | 2014 | Electoral Disqualifications |
245 | 2014 | Arrears and Backlog: Creating Additional Judicial (wo)manpower |
246 | 2014 | Amendments to the Arbitration and Conciliation Act, 1996 |
247 | 2014 | Sections 41 to 48 of the Indian Succession Act,1925 – Proposed Reforms |
248 | 2014 | Obsolete Laws: Warranting Immediate Repeal (Interim Report) |
249 | 2014 | Obsolete Laws: Warranting Immediate Repeal (Second Interim Report) |
250 | 2014 | Obsolete Laws: Warranting Immediate Repeal (Third Interim Report) |
251 | 2014 | Obsolete Laws: Warranting Immediate Repeal (Fourth Interim Report) |
252 | 2015 | Right of the Hindu Wife to Maintenance: A relook at Section 18 of the Hindu Adoptions and Maintenance Act, 1956 |
253 | 2015 | Commercial Division and Commercial Appellate Division of High Courts and Commercial Courts Bill, 2015 |
254 | 2015 | The Prevention of Corruption (Amendment) Bill, 2013 |
255 | 2015 | Electoral Reforms |
256 | 2015 | Eliminating Discrimination Against Persons Affected by Leprosy |
257 | 2015 | Reforms in Guardianship and Custody Laws in India |
258 | 2015 | Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations – A Study and Proposed Amendments |
259 | 2015 | Early Childhood Development and Legal Entitlement |
260 | 2015 | Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty |
261 | 2015 | Need to Regulate Pet Shops and Dog and Aquarium Fish Breeding |
262 | 2015 | The Death Penalty |
Twenty-First Law Commission
[edit]In 2015, the Law Ministry had forwarded a list of 48 former judges of high courts and Supreme Court to the Prime Minister's Office to select the next Law Commission chairperson. The term of the 20th Law Commission ended on 30 August last year and the Union Cabinet approved creation of the 21st Law Commission on 9 September. The Law Ministry brought out a notification to create the 21st law panel on 14 September last.
One of the key issues pending before the law panel is a call on amending the Indian Penal Code amid allegations of abuse and arbitrary use of the law. The Law Ministry had urged the commission to study the usage of the provisions of Section 124A (Sedition) of the IPC.
Former Supreme Court judge Balbir Singh Chauhan was appointed chairman of the 21st Law Commission. Justice Ravi R. Tripathi, retired judge of the Gujarat High Court was appointed as Full-time Member.[22]
On 10 June 2016, Satya Pal Jain, Additional Solicitor General of India, was appointed as part-time member of the commission.[23]
Report no. | Presented in | Title of report |
---|---|---|
263 | 2016 | The Protection of Children (Inter-Country Removal and Retention) Bill |
264 | 2017 | The Criminal Law (Amendment) Bill (Provisions dealing with Food Adulteration) |
265 | 2017 | Prospects of Exempting Income arising out of Maintenance Money of 'Minor' |
266 | 2017 | The Advocates Act, 1961 (Regulation of Legal Profession) |
267 | 2017 | Hate Speech |
268 | 2017 | Amendments to Criminal Procedure Code, 1973 – Provisions Relating to Bail |
269 | 2017 | House-keeping of egg laying hens |
270 | 2017 | Compulsory Registration of Marriages |
271 | 2017 | Human DNA Profiling |
272 | 2017 | Assessment of Statutory Framework of Tribunals in India |
273 | 2017 | Implementation of United Nations Convention Against Torture |
274 | 2018 | Review of Contempt of Courts Act, 1971 |
275 | 2018 | Legal Framework: BCCI vis-à-vis Right to Information Act, 2005 |
276 | 2018 | Legal Framework: Gambling and Sports Betting Including Cricket in India |
277 | 2018 | Wrongful Prosecution (Miscarriage of Justice): Legal Remedies |
Twenty-Second Law Commission
[edit]The Twenty-Second Law Commission was constituted for a period of three years on February 21, 2020 and its chairperson, Justice Rituraj Awasthi (retd), assumed office on November 9, 2022.
The Commission’s three year term was to end on February 20, 2023, but the Union Cabinet extended its term up to 31st August, 2024.[24]
Report no. | Presented in | Title of report |
---|---|---|
278 | 2023 | Urgent Need to Amend Rule 14(4) of Order VII of the Code of Civil Procedure, 1908 |
279 | 2023 | Usage of the Law of Sedition |
280 | 2023 | The Law on Adverse Possession |
281 | 2023 | Compensation for Damage Due to Installation of Towers and Transmission Lines Under The Indian Telegraph Act, 1885 and the Electricity Act, 2003 |
Working of the Law Commission
[edit]The Law Commission works in close co-ordination and under the general instruction of Ministry of Law and Justice. It generally acts as the initiation point for law reform in the country. Internally, the Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007[25]), the commission works upon the assigned agenda and primarily comes up with research based reports, often conclusive and with recommendations. The permanent members of the commission generally are responsible for framing the exact topic and reference to work upon and often takes the services of eminent law experts and jurists who are familiar with the matter under review. These experts may either work part-time with the commission or may have been requested to contribute to specific reports or issues under review.
According to the commission's website, the commission's regular staff consists of about a dozen research personnel of different ranks and varied experiences with a small group of secretarial staff looks after the administration side of the commission's operations[26] and the internal functioning of the commission can be described as a process with the following stages;
- Initiation of projects at the commission's meetings;
- Discussion of priorities; identification of topics and assignment of preparatory work to Members;
- Adoption of methodologies for collection of data and research;
- Outlining of problems and determination of areas for reform;
- Consultations with public, professional bodies and academic institutions;
- Evaluation of responses and preparation of draft of report;
- Discussion and scrutiny of report, leading to its finalization; and
- Forwarding of report to the Ministry of Law and Justice.[26]
Once the report is submitted to the Ministry of Law and Justice, the task of the commission ends unless it is required to rework upon identified areas of provide clarifications by the government on the report submitted. Upon receipt of the report, it is the responsible for follow-up action on the recommendations made by the commission in the report. Generally, the Ministry of Law and Justice forwards the report with its remarks to other relevant ministries in the government and seeks from them their opinion on the relevance of the recommendation and finalizes with them the manner of implementation of these recommendations. When the proposals are cleared by the various ministries and approved by the Cabinet, the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament.
Role of Law Commission in legal reform in India
[edit]The Law Commission of India, though an ad hoc body, has been key to law reform in India.[27] Its role has been both advisory and critical of the government's policies.[citation needed] The Supreme Court of India and academia have recognized the commission as pioneering and prospective.[citation needed] In a number of decisions, the Supreme Court has referred to the work done by the commission and followed its recommendations.[citation needed] The fact that the chairman of the commission is generally a retired judge of the Supreme Court has helped the prominence of the commission.[citation needed]
The Commission reviews judicial administration to ensure that it is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost-effective without sacrificing the cardinal principle that they are just and fair. The Commission seeks to simplify procedure to curb delays and improve standards of justice. It also strives to promote an accountable and citizen-friendly government which is transparent and ensures the people's right to information.[27]
The recommendations of the commission are not binding on the government. "They are recommendations. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations."[28] This has resulted in a number of important and critical recommendations not being implemented. The commission, however, has continued to work upon its assigned tasks.
The power vested in the commission to suo motu take up matters for discussion and submit recommendations has also worked well to the advantage of India's legal system.[citation needed] The history of the commission is replete with such recommendations which have been made in the wake of the hour and where the law has needed change.[citation needed] Further, the commission has been often returned to review its earlier reports in the wake of changed scenarios and the aptness of law in such situations.[citation needed] Euthanasia and related issues, in particular, has been one such area where the commission has been relook the situation at least three times, with the latest being its 196th report on the topic.[citation needed]
Besides the Law Ministry, the commission has also been requested to work upon specific issues and submit its views by the Supreme Court on various occasions. The latest in regard has been the 205th report of the commission which has been prepared in view of the Supreme Court's request for assistance in determination of "certain legal issues relating to child marriage, and the different ages at which a person is defined as a child in different laws." The report stirred a public debate in India for recommending inter alia, a reduction in marriage age of boys to be at par with girls at 18, instead of the long continuing 21 and 18 respectively.
With all its past and present works being continuously provided on the internet, the commission has also provided a firm assistance to legal research in the country.[citation needed] The fact that a number of its reports have been taken receptively by the various ministries and have been worked upon to change the legal scenario, is itself an indicator sufficient enough of the role of the commission in furtherance of law reform in India.[citation needed]
See also
[edit]- Autonomous law schools in India
- Common Law Admission Test
- Law Commission
- Law reform
- Legal Education in India
- List of law schools in India
- Ministry of Law and Justice (India)
- Supreme Court of India
- Civil Procedure Code, 1908
- Pendency of court cases in India
Notes
[edit]- ^ Correspondent, Legal (25 January 2021). "SC asks govt to spell out pause in Law Commission appointments". The Hindu. ISSN 0971-751X. Retrieved 9 December 2021.
{{cite news}}
:|last=
has generic name (help) - ^ ANI (7 November 2022). "Centre appoints Justice Rituraj Awasthi as Chairperson, Law Commission of India". ThePrint. Retrieved 8 November 2022.
- ^ "Centre constitutes 22nd Law Commission: what role does this body play?". The Indian Express. 8 November 2022. Retrieved 8 November 2022.
- ^ Jain, M.P. (1984). Outlines of Indian Legal History. Bombay: N.M. Tripathi.
- ^ a b "Early beginnings". lawcommissionofindia.nic.in. Retrieved 5 June 2008.
- ^ a b c d Eugen Lang, Maurice (2005). Codification in the British Empire And America. Lawbook Exchange. pp. 78–92. ISBN 978-1-58477-620-8.
- ^ Mishra, Shree Govind (1993). The legal history of India, 1600-1990. New Delhi: Uppal Pub. House. ISBN 81-85565-21-X.
- ^ Char, S. V., Desika (1983). Readings in the constitutional history of India, 1757–1947. Delhi: Oxford. ISBN 0-19-561264-7.
{{cite book}}
: CS1 maint: multiple names: authors list (link) - ^ Bryce, James Y. (April 2002). Studies in history and jurisprudence: Volume 1. Adamant Media Corporation. p. 121. ISBN 1-4021-9046-8.
- ^ Riddick, John A. (2006). The history of British India: a chronology. Westport, Conn.: Praeger. ISBN 0-313-32280-5.
- ^ "First Law Commission" (PDF). lawcommissionofindia.nic.in. Retrieved 9 January 2023.
- ^ a b c d e f g h i j k l m n o p "Law Commissions of India". lawcommissionofindia.nic.in. Retrieved 5 June 2008.
- ^ "Second Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 5 June 2008.
- ^ "Third Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 5 June 2008.
- ^ "Thirteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 8 June 2008.
- ^ "Fourteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 8 June 2008.
- ^ "Fifteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 8 June 2008.
- ^ "Sixteenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 8 June 2008.
- ^ "Seventeenth Law Commission Reports". lawcommissionofindia.nic.in. Retrieved 8 June 2008.
- ^ Hindustantimes.com Archived 12 October 2011 at the Wayback Machine
- ^ "Three Years of Landmark Reforms; An account of Justice AP Shah's Career as Chairman Law Commission of India [Sept 2012– August 2015]". Live Law. 7 September 2015. Retrieved 16 August 2017.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on 12 August 2016. Retrieved 11 June 2016.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Biography – Satya Pal Jain | Additional Solicitor General of India, Ex-MP (Lok Sabha), Ex-Member – Law Commission of India, Senior Advocate". 8 May 2021.
- ^ "Cabinet approves the extension of the term of the Twenty-second Law Commission of India upto 31st August, 2024". 22 February 2023.
- ^ "Student Internships at Law Commission". lawcommissionofindia.nic.in. Retrieved 5 June 2008.
- ^ a b "How does the Commission function?". lawcommissionofindia.nic.in. Retrieved 12 June 2008.
- ^ a b Lalit Sethi. "Rarely seen or heard, Law Commission's work has a great impact". Press Information Bureau (India). Retrieved 5 June 2008.
- ^ "Crores spent, yet obsolete laws live". Rediff India Abroad. 23 June 2008. Retrieved 7 May 2013.
References
[edit]- Jain, M.P. (1984). Outlines of Indian Legal History. Bombay: N.M. Tripathi. ASIN : B0000CQY04
- Mishra, Shree Govind (1993). The legal history of India, 1600–1990. New Delhi: Uppal Pub. House. ISBN 81-85565-21-X.
- Char, S. V., Desika (1983). Readings in the constitutional history of India, 1757-1947. Delhi: Oxford. ISBN 0-19-561264-7.
{{cite book}}
: CS1 maint: multiple names: authors list (link) - Eugen Lang, Maurice (2005). Codification in the British Empire And America. Lawbook Exchange. ISBN 978-1-58477-620-8.
- Riddick, John A. (2006). The history of British India: a chronology. Westport, Conn.: Praeger. ISBN 0-313-32280-5.
- Bryce, James Y. (April 2002). Studies in history and jurisprudence: Volume 1. Adamant Media Corporation. ISBN 1-4021-9046-8.
- Derrett, J. Duncan M. (1973). Handbuch der Orientalistik (History of Indian Law (Dharmasastra)). Leiden: Brill. ISBN 90-04-03740-3.
External links
[edit]- Official Website of the Law Commission of India
- Reports of Law Commission of India 1-50
- Reports of Law Commission of India 51–100
- Reports of Law Commission of India 101–169
- Reports of Law Commission of India 170–195
- How does Law Commission function?
- Interview of Current Chairman of Law Commission
- Ministry of Law and Justice (India)
- Law Commissions of other countries
- http://www.lawyersclubindia.com/forum/Gipsa-companies-flout-law-commission-report-flouted-in-97081.asp