Law Commission of India as a Statutory Body

Law Commission of India as a statutory body

The Supreme Court recently issued notice on a PIL urging it to direct the Centre to declare the Law Commission of India as a “statutory body” and to appoint a chairperson and members for the body within a month.

About the Law Commission of India

Law Commission of India advises the government on the codification and reform of laws. It consists of a Chairman and at least four other members, including a Secretary.

The Commission is empowered to undertake studies and research in all branches of law, legal education and legal aid.

The commission is vested with the power to draft legislation and can also examine existing legislation for continuing appropriateness.

It is a non-statutory body. The government of India constitutes it, from time to time.

The commission is established for a fixed tenure.  It works as an advisory body to the Ministry of Law and Justice.

Purpose of the Law Commission of India

The Law Commission of India aims

• to ensure that the law is as fair, modern, simple and as cost-effective as possible
• to conduct research and consultations in order to make systematic recommendations for consideration by Parliament, and
• to codify the law, eliminate anomalies, repeal obsolete and unnecessary enactments and reduce the number of separate statutes.

Functions of the Law Commission of India

The functions of the Law Commission of India are advisory.

It identifies obsolete laws. The laws which are no longer relevant, not in harmony with the existing climate and laws which require change.

It suggests suitable measures for quick redressal of citizens’ grievances in the field of law.

It enables poors, to take benefit out of the legal process.

Likewise, it examines the laws for promoting gender equality.

However, the recommendations of the commission are not binding on the government. They are recommendations only. The government or concerned department may accept or reject these recommendations.