23rd Law Commission

Why in news?

President Droupadi Murmu has approved the formation of the 23rd Law Commission of India for a three-year term, effective from 1 September 2024 to 31 August 2027.

• The22nd Law Commission’s termended on 31 August 2024.
• It had been functioning without a chairperson for several months, delaying critical reports on issues such as theUniform Civil Code and simultaneous elections.

The previous chairperson: Justice Ritu Raj Awasthi.

• He resigned in March 2024 after a 17-month tenure

Law Commission:

• The Law Commission is anon-statutorybody constituted by the GoI, every three years.
• Its major function is to work for legal reform and to act as an advisory body to the Ministry of Law and Justice.
• Thefirst Law Commissionwas established during the British era in1834by theCharter Act of 1833and was presided over byLord Macaulay.
• It recommended codification of the Penal Code and the Criminal Procedure Code.
• The second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively
• The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act. etc. are products of the first four Law Commissions.
• However, the first Law Commission of Independent India was constituted in 1955 withM. C. Setalvad, as its Chairman.
• It has so far submitted277 reports.

A law commission iscreated when the Union government passes a resolution for the formation a new commission after the expiry of the last one.

• After the resolution is passed , and the President gives assent to it, the government has the liberty to choose the chairperson for the new commission.

Composition

• A full-time Chairperson (usually a retiredSUPREME COURTjudge or Chief Justice of aHIGH COURT);
• 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.

Terms of Reference for the 23rd Law Commission

Review and Repeal of Obsolete Laws: Identify laws for repeal, develop a Standard Operating Procedure (SoP) for periodic reviews, and suggest necessary amendments.

Law and Poverty: Examine laws affecting the poor and conduct audits of socio-economic legislation.

Judicial Administration: Address delays, reduce costs, and simplify court processes to enhance case disposal efficiency.

Directive Principles and Constitutional Objectives: Review laws in light of Directive Principles and suggest improvements to achieve constitutional objectives.

Gender Equality: Review existing laws and suggest amendments to promote gender equality.

Revision of Central Acts: Revise significant Central Acts to address anomalies and ambiguities.

Government References: Consider and convey views on law and judicial administration topics referred by the Government.

International Research Assistance: Provide research assistance to foreign countries as referred by the Government.

Globalization Impact: Examine the impact of globalization on food security and unemployment, and recommend measures to protect marginalized interests.