What Is The Law Commission?

What is the Legal Commission?

Many people believe that the Law Commission of India is a constitutional body or at least a statutory body. However, this is far from true. The Law Commission of India is an executive body which was established by order of the Government of India. The key function of the legal commission is to actually work for legal reforms.

In reality, the commission is created for a fixed mandate. The body functions as an advisory body to the Ministry of Law and Justice. Several legal experts are members of the legal commission.

How was the legal commission formed? To answer this question, we must delve into its history.

History of the Law Commission in India

The last three centuries in India have witnessed not one but several legal reforms. There was a time when customary and religious law prevailed in the country. During this time, the reform process had not been institutionalized through properly constituted law reform agencies.

Since the late 19th century, the government has repeatedly created law commissions and given them the power to recommend legislative reforms to clarify, codify, and consolidate specific branches of law where the government felt the need to do so.

It was in the year 1834 that the first legal commission was created under the Statutes Act of 1833. This Act was chaired by Lord Macaulay. The Law sought to codify the Code of Criminal Procedure and the Criminal Code.

Then, finally, the second, third and fourth Legal Commissions were formed in the years 1853, 1861 and 1879 respectively. These laws, in fifty years, contributed significantly to the enrichment of the Indian Statute Book with a wide range of legislation in the style of English laws adapted to Indian conditions.

The Indian Code of Civil Procedure, the Transfer of Property Act, the Indian Evidence Act and the Indian Contract Act are actually the result of the first four Law Commissions of India.

Functions of the Legal Commission

A referral made by the Central Government called suo-moto, prompts the Law Commission to undertake an investigation in reviewing existing laws in the country to achieve reforms and enact new legislation.

The legal commission also conducts research and studies to bring about reforms in justice administration systems, leading to speedy resolution of cases, lower cost of litigation, and more.

Another function that the law commission performs is to help repeal outdated laws. The legal commission helps identify laws that are actually unnecessary or outdated and then recommends that those laws be repealed in time.

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Source: ptivs2.edu.vn

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