22nd Law Commission UPSC

Law Commission

The Union Cabinet has given its approval to set up 22nd Law Commission of India for a period of three years from the date of publication of the Order of Constitution in the Official Gazette.

How does law commission benefit the government? 

• The Government benefits from the recommendations of Law Commission on important legal aspects and issues concerning society, citizens and state at large. 

• Thus, Law Commission can: 

• identify laws which are no longer needed or relevant and can be immediately repealed 
• examine the existing laws in the light of Directive Principles of State Policy and suggest ways of improvement and reform and also suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution. 
• Consider and 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. 
• Consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law and Justice. 
• Take all such measures as may be necessary to harness law and the legal process in the service of the poor; 
• Revise the Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities. 

• Before finalizing its recommendations, the Commission will consult the nodal Ministry/ Department (s) and such other stakeholders as the Commission may deem necessary for the purpose. 

About 22nd law commission 

• The 22nd Law Commission will be constituted for a period of three years from the date of publication of its Order in the Official Gazette. It will consist of: 

• A full-time Chairperson 
• Four full-time Members (including Member-Secretary) 
• Secretary, Department of Legal Affairs as ex-officio Member; 
• Secretary, Legislative Department as ex officio Member; and 
• not more than five part-time Members. 

More on law commission 

• Constitution of India does not provide for creation of Law Commission of India – hence, not a constitutional body. 

• Constitution of Law Commission is not carried through any fixed legislation – hence, non-statutory. 

• It is constituted through a government order – hence, created through an executive order.

• The Reports of the Law Commission are considered by the Ministry of Law in consultation with the concerned administrative Ministries and are submitted to Parliament from time to time. 

• The reports of Law Commission are cited in Courts, in academic and public discourses and are acted upon by concerned Government Departments depending on the Government's recommendations. 

• After independence, the first law commission was constituted for a period of three years from 1955-1958 under the Chairmanship of Mr. M. C. Setalvad. 

Recommended Suggestions 

• As of now, the law commission is neither a permanent body nor a statutory body. 

• In 2015, a proposal was mooted to make the law panel into a permanent body either through an Act of Parliament or an executive order (resolution of the Union Cabinet). 

• However, the move was shelved after the Prime Minister’s Office felt that the present way of constituting the Law Commission should continue. 

• Even in 2010, the then UPA government also had prepared a draft Cabinet note to give statutory status to the Law Commission and in this regard, the Law Ministry had mooted to bring the Law Commission of India Bill, 2010. But the idea was shelved. 

• Thus, considering the important nature of work, government must consider making Law Commission a statutory body.