Law Commission of India: Role and Major Recommendations

Introduction

The Law Commission of India is a non-statutory, advisory body constituted by the Government of India to recommend legal reforms. It plays a crucial role in reviewing and reforming the legal system to make it more efficient, accessible, and just. Since its establishment, the Commission has produced 277+ reports covering diverse areas of law.

Historical Background

• First Law Commission (1834): Established under Charter Act of 1833 with Lord Macaulay as Chairman - drafted Indian Penal Code (IPC), Criminal Procedure Code (CrPC)
• Post-Independence: First Law Commission of Independent India established in 1955 under the chairmanship of Justice M.C. Setalvad (first Attorney General)
• Constitutional backing: Article 39A (equal justice), Article 44 (Uniform Civil Code), Directive Principles - provide philosophical foundation
• Tenure: Initially 3 years; renewed periodically since 1955

Composition and Structure

Members

• Chairperson: Typically a retired Supreme Court judge or Chief Justice of a High Court
• Full-time Members: Law experts, jurists, retired judges - up to 5
• Part-time Members: Up to 3 (legal academics, lawyers, social scientists)
• Member-Secretary: Senior bureaucrat or law expert
• Ex-officio Members: Secretary (Legal Affairs), Secretary...