Law Commission of India

The Law Commission of India is a non-constitutional, non-statutory advisory body that recommends reforms in Indian law. The Union Government constitutes it periodically for a fixed tenure to research legal issues and suggest changes, but its recommendations do not themselves alter the law.

Institutional status

The first Law Commission in independent India was constituted in 1955. It functions as an executive body under the Ministry of Law and Justice and is reconstituted by the Union Government from time to time.

• Since no parent statute fixes its structure, the government specifies each Commission's composition, tenure and terms of reference when constituting it.
• It is generally headed by a chairperson and includes full-time, ex officio and part-time members as specified by the government.

Mandate

The Commission undertakes legal research either on a Central Government reference or on its own initiative, within its assigned terms of reference.

• It reviews existing laws and recommends the repeal of obsolete or unnecessary laws.
• It identifies legal anomalies and suggests consolidation, simplification, codification or amendment of laws.
• It examines laws affecting disadvantaged groups and considers how law and legal processes can better serve the poor.
• It recommends reforms in judicial administration to improve access, reduce delay and facilitate effective justice.

Nature and significance of its work

The Commission consults stakeholders, studies legal experience and submits reasoned reports with legislative or institutional proposals to the Central Government. Its reports are recommendatory, not binding; Parliament or the competent executive authority must act before a proposal acquires legal force.

• It provides expert and research-based inputs for law reform without exercising legislative or judicial power.