The recent appointment of Retired High Court Chief Justice Rituraj Awasthi as chairperson of the 22nd Law Commission of India, constituted in 2020, has brought renewed attention to this essential non-statutory body. Established intermittently by the Government of India, the Law Commission has a distinguished history and critical role in reforming and advising on legal matters.
The Law Commission of India: A Brief Overview
Beginning its journey during the British Raj era in 1834 under the stewardship of Lord Macaulay, courtesy of the Charter Act of 1833, the Law Commission has evolved significantly over the centuries. The first Law Commission of independent India was set up in 1955 for a three-year term; since then, numerous Commissions have been formed with varied objectives.
Objectives and Purposes of the Law Commission
This advisory body provides substantial research and review of existing laws in India to the Ministry of Law and Justice. Its main goal is to reform current laws and enact new legislation either on the Central Government’s request or on its own accord (suo-motu).
Composition of the Law Commission
The Law Commission’s structure includes a full-time chairperson and four full-time members—one of whom serves as the member-secretary. Additionally, the Law and Legislative Secretaries in the Law Ministry act as ex-officio members. Interestingly, the Commission can also comprise up to five part-time members. A chairperson, typically a retired Supreme Court judge or a Chief Justice of a High Court, heads the Commission.
Impactful Recommendations of the Law Commission
Throughout its existence, the Law Commission has issued several influential recommendations. For instance, its 262nd Report suggested abolishing the death penalty across all crimes except terrorism-related activities and waging war against the state. Furthermore, the Commission’s report on electoral reforms in 1999 advocated for simultaneous Lok Sabha and state assembly elections—aiming to enhance governance and stability.
Another noteworthy suggestion from the Law Commission was replacing the Identification of Prisoners Act,1920, with the more recent Criminal Procedure (Identification) Act, 2022.
Contemporary Focus: Uniform Civil Code
The 21st Law Commission created ripples in 2018 when it stated that a Uniform Civil Code (UCC) is “neither necessary nor desirable at this stage”. Prompted by this, the Central Government has requested the 22nd Law Commission to further examine various issues related to the UCC. This reflects how the Law Commission’s work remains significant in shaping contemporary legal discourse.
As we look towards the future, it’s clear that the Law Commission of India continues to play a critical role in advising on and implementing legal reforms. As the new chairperson, Retired High Court Chief Justice Rituraj Awasthi has an immense responsibility in steering the 22nd Law Commission towards its objectives.
