In recent developments, the Union Cabinet has given its approval for the formation of the 22nd Law Commission of India. The commission, set to serve a tenure of three years, comes as part of the Indian government’s ongoing commitment to law reform and legislation review.
Understanding the Law Commission of India
The Law Commission of India, a non-statutory body, is formed by the Government of India at regular intervals. First formed in 1955 after India gained independence, the initial commission was set up for a term of three years. Since that time, there have been a total of twenty one more Commissions initiated.
The very first Law Commission traces its roots back to the British Raj era, formed in 1834 under the Charter Act of 1833. Its inaugural chair was Lord Macaulay. Today, the Commission continues to function as an advisory entity to the Ministry of Law and Justice.
The mandate of the Law Commission includes undertaking comprehensive law research and reviewing existing laws in India. The purpose of this is to identify necessary reforms within existing legislations and propose new laws, either from a directive by the Central Government or on its own initiative.
Major Recommendations by the Law Commission of India
Over the years, the Law Commission of India has proved instrumental in suggesting substantial changes to India’s legal landscape. One such recommendation came with its 262nd Report where it suggested the abolition of the death penalty for all crimes except those related to terrorism or waging war against the state.
In 1999, the Commission also tabled notable suggestions on electoral reforms. It proposed the implementation of simultaneous Lok Sabha and state assembly elections as a measure for improving governance and creating greater political stability.
As part of its 267th report, the Commission drafted a new piece of legislation called The Criminal Law (Amendment) Bill, 2017. The purpose of this bill was to insert new Sections aimed at protecting democratic processes from hate speeches.
Another significant recommendation by the Law Commission was the implementation of the Uniform Civil Code (UCC) across the country. The UCC aims to replace personal laws based on scriptures and customs of each religious community in India with a common set governing every citizen.
These recommendations, among various others, embody the ongoing commitment of the Law Commission of India towards improving and reforming the legal fabric of the nation. As we move forward, the role of this non-statutory body will continue to remain crucial in shaping the future of law and justice in India.