“ Reforming
the Law For Maximising Justice in Society and Promoting Good Governance under
the Rule of Law “
Law
Commission of India is
an Executive Body established by an order of the Government of India.
Its major function is to work for legal reform. It membership primarily
comprises legal experts, who are entrusted a mandate by the Government. The
Commission is established for a fixed tenure and works as an advisory body to
the Ministry of Law and Justice.
The first Law Commission was established during the British regime in
1834 by the Charter Act of 1833.
After that three more Commissions were established in pre-independent India.
The First Law
Commission of Independent India was established in 1955
for a three year term.
Membership : Chairman, 1 Permanent
Member, 1 Member Secretary, and 6 Part-time Members .
Mr.
D. K. Jain, Retired Judge , Supreme
Court of India, will be the Chairman of the Twentieth Law Commission of India.
The
Twentieth Law Commission was constituted through a Government Order with effect
from 1st September, 2012. It has a Three-Year term ending on 31st August, 2015. The Terms of
Reference of the Twentieth Law Commission include the following:
A. Review/Repeal of obsolete laws:
i). Identify laws which are no longer
needed or relevant and can be immediately repealed;
ii) Identify laws which are not in harmony with the
existing climate of economic liberalization and need change;
iii) Identify laws which otherwise require changes or
amendments and to make suggestions for their amendment;
iv) Consider in a wider perspective the suggestions for
revision/ amendment given by Expert Groups in various Ministries/Departments
with a view to coordinating and harmonizing them;
v) Consider references made to it by Ministries/
Departments in respect of legislation having bearing on the working of more
than one Ministry/Department;
vi) Suggest suitable measures for quick redressal of
citizens grievances, in the field of law.
B. Law and Poverty:
i) Examine the Laws which affect the poor and
carry out post-audit for socio-economic legislations;
ii) Take all such measures as may be necessary to
harness law and the legal process in the service of the poor.
C. Keep under review the system of judicial
administration to ensure that it is responsive to the reasonable demands of the
times and in particular to secure:
i) Elimination of delays, speedy clearance of arrears and
reduction in costs so as to secure quick and economical disposal of cases
without affecting the cardinal principle that decision should be just and fair;
ii) Simplification of procedure to reduce and
eliminate technicalities and devices for delay so that it operates not as an
end in itself but as a means of achieving justice;
iii) Improvement of standards of all concerned with
the administration of justice.
D. Examine the existing laws in the light of
Directive Principles of State Policy and to suggest ways of improvement and
reform and also to suggest such legislations as might be necessary to implement
the Directive Principles and to attain the objectives set out in the Preamble
to the Constitution.
E. Examine the existing laws with a view for
promoting gender equality and suggesting amendments thereto.
F. Revise the Central Acts of general importance so
as to simplify them and to remove anomalies, ambiguities and inequities.
G. Recommend to the Government measure for making the
statute book up-to-date by repealing obsolete laws and enactments or parts
thereof which have outlived their utility.
H. Consider and to 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.