(Study Notes) Law Commission of India | Indian Polity & Public Administration

Law Commission of India

Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work forlegal 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. Since then Eighteen more Commissions have been established. The Ninteenth and the current Law Commission was established on 1 September 2009 under the Chairmenship of a (not declared yet). Its tenure has been fixed till 31 August 2012.

Other than the Chairman, the Eighteenth Law Commission has one Permanent Member, one Member-Secretary and six Part-time Members

Evolution of Law Commission in India

The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company, which was granted Royal Charters and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the Company exercised control.

 During this period of administration by the Company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens.

This was considered as a major stumbling block for proper administration by the British Government during the times which is now known as the British Raj.

In order to improve the law and order situation and also to ensure uniformity of legal administration, various options were looked for.

Until then the British Government had been passing various enactments to deal with particular situations (such as the Prohibition of Sati in 1829) by Lord William Bentinck under the influence of Raja Ram Mohan Roy. However it was for the first time in 1833 that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul was instituted

Ministry of Law and Justice (India)

The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the Government of India (Allocation of Business) Rules of 1961, the Ministry is vested with the responsibility of:
(i) Administration of legal affairs,
(ii) Justice,
(iii) Legislative Affairs in India.

• It is one of the oldest Ministries operating in India . Earlier, in terms of the Charter Act of 1833 enacted by the British Parliament, the Legislative power was vested in a single authority namely the Governor General of India .

• The Governor General enacted laws for the British India until 1920.

• The Government of India Act passed in 1919 vested the legislative power to the Indian Legislature constituted thereunder. Since then the Ministry of Law has been functioning as the sole repository of legal functions of the Government of India.

• The Ministry is headed by a Cabinet Minister

• Presently the Ministry is headed by Mr. Veerappa Moily.

Structure:

The Government of India (Allocation of Business) Rules of 1961  entail the various departments working under the Ministry of Law and Justice of Government of India. In terms of these Rules, the Ministry comprises the following departments;

1. Department of Legal Affairs,

2. Legislative Department, and

3. Department of Justice.

Department of Legal Affairs

• The Dept. of Legal affairs renders advice to various ministries on legal matters and attends to litigation on behalf of the Government of India in the Courts.

• The dept. also looks in to matters regarding the treaties with foreign government in matters of civil laws.

• It further concerns itself with the appointment of Law Officers of the Union of India, namely Attorney General, Solicitor General and Additional Solicitors General.

• The Allocation of Business Rules identify the following functions to be carried out by this Department; 

1. Advice to Ministries on legal matters including interpretation of the Constitution and the laws, conveyancing and engagement of counsel to appear on behalf of the Union of India in the High Courts and subordinate courts where the Union of India is a party.

2. Attorney General of India, Solicitor General of India, and other Central Government law officers of the States whose services are shared by the Ministries of the Government of India.

3. Conduct of cases in the Supreme Court and the High Courts on behalf of the Central Government and on behalf of the Governments of States participating in the Central Agency Scheme.

4. Reciprocal arrangements with foreign countries for the service of summons in civil suits, for the execution of decrees of Civil Courts, for the enforcement of maintenance orders, and for the administration of the estates of foreigners dying in India intestate.

5. Authorization of officers to execute contracts and assurances and of property on behalf of the President under Article 299(1) of the Constitution, and authorization of officers to sign and verify plaints or written statements in suits by or against the Central Government.

6. Indian Legal Service.

7. Treaties and agreements with foreign countries in matters of civil law.Z

8. Law Commission of India

9. Legal Profession including the Advocates Act, 1961 (25 of 1961) and persons entitled to practice before High Courts.

10. Enlargement of the jurisdiction of Supreme Court and the conferring thereon of further powers; persons entitled to practice before the Supreme Court; references to the Supreme Court under Article 143 of the Constitution of India.

11. Administration of the Notaries Act, 1952 (53 of 1952).

12. Income-tax Appellate Tribunal.

13. Appellate Tribunal for Foreign Exchange.

14. Legal aid to the poor.

Courtesy: Wikipedia

Legislative Department

• The Legislative Department is mainly concerned with drafting of all principal legislation for the Central Government i.e. Bills to be introduced in Parliament, Ordinances to be promulgated by the President, measures to be enacted as President's Acts for States under the President's rule and Regulations to be made by the President for Union territories.

• It is also concerned with election Laws namely the Representation of the People Act 1950 and the Representation of the People Act 1951.

• In addition it is also entrusted with task of dealing with certain matters relating to List III of the Seventh Schedule to the Constitution like personal law, contracts evidence etc.

• The responsibility of maintaining up to date the statutes enacted by Parliament is also with this Department. The Allocation of Business Rules identify the following functions to be carried out by this Department; 

1. The drafting of Bills, including the business of the Draftsmen in Select Committees, drafting and promulgation of Ordinances and Regulations; enactment of State Acts as President's Acts whenever required; scrutiny of Statutory Rules and Orders (except notifications under clause (a) of section 3, section 3A and section 3D, of the National Highways Act, 1956 (48 of 1956).

2. Constitution Orders; notifications for bringing into force Constitution (Amendment) Acts.

3. (a) Publication of Central Acts, Ordinance and Regulations; (b) Publication of authorised translations in Hindi of Central Acts, Ordinances, Orders, Rules, Regulations and bye-laws referred to in section 5(1) of the Official Languages Act, 1963 (19 of 1963).

4. Compilation and publication of unrepealed Central Acts, Ordinances and Regulations of general statutory Rules and Orders, and other similar publications.

5. Elections to Parliament, to the Legislatures of States, to the Offices of the President and Vice-President; and the Election Commission.

6. Preparation and publication of standard legal terminology for use, as far as possible, in all official languages.

7. Preparation of authoritative texts in Hindi of all Central Acts and of Ordinances promulgated and Regulations made by the President and of all rules, regulations and orders made by the Central Government under such Acts, Ordinances and Regulations.

8. Making arrangements for the translation into official languages of the States of Central Acts and of Ordinances promulgated and Regulations made by the President and for the translation of all State Acts and Ordinances into Hindi if the texts of such Acts or Ordinance are in a language other than Hindi.

9. Publication of law books and law journals in Hindi.

10. Marriage and divorce; infants and minors; adoption, wills; intestate and succession; joint family and partition.

11. Transfer of property other than agricultural land (excluding benami transactions registration of deeds and documents).

12. Contracts, but not including those relating to agricultural land.

13. Actionable wrongs.

14. Bankruptcy and insolvency.

15. Trusts and trustees, Administrators, General and Official Trustees.

16. Evidence and oaths.

17. Civil Procedure including Limitation and Arbitration.

18. Charitable and religious endowments and religious institutions.

Department of Justice

• The Department of Justice performs the administrative functions in relation to the appointment of various judges at various courts in India, maintenance and revision of the conditions and rules of service of the judges and other related areas.

• The Allocation of Business Rules identify the following functions to be carried out by this Department

1. Appointment, resignation and removal of the Chief Justice of India and Judges of the Supreme Court of India; their salaries, rights in respect of leave of absence (including leave allowances), pensions and travelling allowances.

2. Appointment, resignation and removal, etc., of Chief Justice and Judges of High Courts in States; their salaries, rights in respect of leave of absence (including leave allowances), pensions and traveling allowances.

3. Appointment of Judicial Commissioners and Judicial officers in Union Territories.

4. Constitution and organisation (excluding jurisdiction and powers) of the Supreme Court (but including contempt of such Court) and the fees taken therein.

5. Constitution and organisation of the High Courts and the Courts of Judicial Commissioners except provisions as to officers and servants of these courts.

6. Administration of justice and constitution and organisation of courts in the Union Territories and fees taken in such courts.

7. Court fees and Stamp duties in the Union Territories.

8. Creation of all India Judicial Service.

9. Conditions of service of District Judges and other Members of Higher Judicial Service of Union Territories.

10. Extension of the Jurisdiction of a High Court to a Union Territory or exclusion of a Union Territory from the Jurisdiction of a High Court.

Law Ministers of India

• Shanti Bhushan (1977-1979)

• Arun Jaitley

• Hansraj Bhardwaj (2004-2009)

• Veerappa Moily (2009)

Pre-Independence Law Commissions of India

• The First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay. 

• It suggested various enactments to the British Government, most of which were passed and enacted and are still in force in India.

• Few of the most importance recommendations made by this First Law Commission were those on, Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force),Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc.

• Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under;

	First Pre-Independence Law Commission	Second Pre-Independence Law Commission	Third Pre-Independence Law Commission	Forth Pre-Independence Law Commission
Established	1834	1853	1861	1879
Chairman	Lord Macaulay	Sir John Romilly	Sir John Romilly	Dr. Whitney Stokes
Members	(1) J.M. Macleod, (2) G.W. Anderson, and (3) F. Millet	(1) Sir Lord Jervis, (2) Sir Edward Ryan, (3) R. Lowe, (4) J.M. Macleod, (5) C.H. Cameron, and (6) T.E. Ellis	Initially (1) Sir Edward Ryan, (2) R. Lowe, (3) J.M. Macleod, (4) Sir W. Erle, and (5) Justice Wills. Subsequently Sir W. Erle, and Justice Wills succeed by Sir. W.M. James and J. Henderson. Later J. Henderson replaced by Justice Lush.	(1) Sir Charles Turner, and (2) Raymond West
Reports	Penal Code (2 May 1837)	Code of Civil Procedure and Law of Limitation (1859)	A code for Succession and Inheritance for Indians other than Hindus and Muslims (1865)	Code of Negotiable Instruments (1881)
	Lex Loci (role and authority of English law in India) (31 October 1840)	Penal Code (1860)	Draft Contract Law (1866)	Code on Trusts Law (1882)
	-	Code of Criminal Procedure (1861)	Draft Negotiable Instruments Law (1867)	Code on Transfer of Property and Easements (1882)
	-	-	Draft Evidence Law (1868)	Revised Code of Criminal Procedure (1882)
	-	-	Revision of Code of Criminal Procedure (1870)	Revised Code of Civil Procedure (1882)
	-	-	Draft Transfer of Property Law (1870)	-
	-	-	Draft Code on Insurance (1871)	-

 

A Two-member Viceroy's Executive Council (comprising of Sir Henry Maine and Sir James Fitzjames Stephen) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;

1863 - Religious Endowments Act 1864 - Official Trustees Act 1865 - Carriers Act 1865 - Parsi Marriage and Divorce Act 1865 - Parsi Intestate Succession Act 1866 - Indian Companies Act 1866 - Native Converts Marriage Dissolution Act 1866 - Trustees Act 1866 - Trustees and Mortgage Powers Act 1867 - Press and Registration of Books Act 1868 - General Clauses Act

1869 - Divorce Act 1870 - Court Fees Act 1870 - Land Acquisition Act 1870 - Female Infanticide Act 1870 - Female Infanticide Prevention Act 1870 - Hindu Wills Act 1872 - Code of Criminal Procedure (revised) 1872 - Indian Contract Act 1872 - Indian Evidence Act 1872 - Special Marriages Act 1872 - Punjab Laws Act

Courtesy: Wikipedia

Law Commissions in Independent India

• The tradition of pursuing law reform through the medium of a Law Commission was continued in post-independent India.

• The first law commission in Independent India was established in 1955 and since then seventeen more law commissions have been established.

• Each of these Commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the legal diaspora of India.

• The contribution of the each of these Commissions has been enumerated below.

First Law Commission

• The first Law Commission of independent India was established in 1955.

• The Chairman of this Commission was “Mr. M.C. Setalvad”, who was also the First Attorney General of India.

• The term of this Commission was established as three years (which my convention has been followed till date) .

• This Commission submitted its last report on 16 September 1958.

• The reports submitted by the First Law Commission of India are as under 

Report No.	Date of Presentation	Title of Report
1	11 May 1956	Liability of the State in Tort
2	2 July 1956	Parliamentary Legislation relating to Sales Tax
3	21 July 1956	Limitation Act, 1908
4	1 August 1956	On the proposal that High Courts should sit in Benches at different places in a State
5	11 May 1957	British Statutes Applicable to India
6	13 July 1957	Registration Act, 1908
7	13 July 1957	Partnership Act, 1932
8	1 March 1958	Sale of Goods Act, 1930
9	19 July 1958	Specific Relief Act, 1877
10	26 September 1958	Law of Acquisition and Requisitioning of Law
11	26 September 1958	Negotiable Instruments Act, 1881
12	26 September 1958	Income Tax Act, 1922
13	26 September 1958	Contract Act, 1872
14	16 September 1958	Reform of Judicial Administration

Second Law Commission

• The Second Law Commission was established in 1958 under the Chairmanship of “Justice T. V. Venkatarama Aiyar”.

• It stayed in office till 1961.It presented the following reports ;

Report No.	Presented in	Title of Report
15	1960	Law relating to Marriage and Divorce amongst Christians in India
16	1960	Official Trustees Act, 1913
17	1961	Report on Trusts Act, 1882
18	1961	Converts’ Marriage Dissolution Act, 1866
19	1961	The Administrator-General's Act, 1913
20	1961	The Law of Hire-Purchase
21	1961	Marine Insurance
22	1961	Christian Marriage and Matrimonial Causes Bill,1961

Third Law Commission

• The Third Law Commission was established in 1961 under the Chairmanship of “Justice J. L. Kapur”.

• It stayed in office till 1964. 

• It presented the following reports ;

Report No.	Presented in	Title of Report
23	1962	Law of Foreign Marriages
24	1962	The Commission of Inquiry Act, 1952
25	1963	Evidence of Officers about forged stamps, currency notes, etc. Section 509-A Cr.P.C. as proposed
26	1964	Insolvency Laws
27	1964	The Code of Civil Procedure, 1908
28	1964	The Indian Oaths Act, 1873

Fourth Law Commission

• The Fourth Law Commission was established in 1964 and was again under the Chairmanship of “Justice J. L. Kapur”.

• It stayed in office till 1968. 

• It presented the following reports;

Report No.	Presented in	Title of Report
29	1967	Proposal to include certain Social and Economic Offences in the Indian Penal Code, 1860
30	1967	Section 5 of the Central Sales Tax Act, 1956, taxation by the States in the course of import
31	1967	Section 30(2) of the Indian Registration Act, 1908 - Extension to Delhi
32	1967	Section 9 of the Code of Criminal Procedure, 1898
33	1967	Section 44 of the Code of Criminal Procedure, 1898
34	1967	Indian Registration Act, 1908
35	1967	Capital Punishment
36	1967	Section 497, 498 and 499 of the Code of Criminal Procedure, 1898
37	1967	The Code of Criminal Procedure, 1898
38	1968	Indian Post Office Act, 1898

Fifth Law Commission

• The Fifth Law Commission was established in 1968 under the Chairmanship of “Mr. K. V. K. Sundaram”.

• It stayed in office till 1971.[

• It presented the following reports;

Report No.	Presented in	Title of Report
39	1968	Punishment for imprisonment for life under the Indian Penal Code
40	1969	Law relating to attendance of Prisoners in Courts
41	1969	The Code of Criminal Procedure, 1898
42	1971	Indian Penal Code
43	1971	Offences against the National Security
44	1971	The Appellate Jurisdiction of the Supreme Court in Civil Matters

Sixth Law Commission

• The Sixth Law Commission was established in 1971 under the Chairmanship of “Justice P. B. Gajendragadkar”.

• It stayed in office till 1979.

• It presented the following reports;

Report No.	Presented in	Title of Report
45	1971	Civil Appeals to the Supreme Court on a Certificate of Fitness
46	1971	The Constitution (Twenty-Fifth Amendment) Bill, 1971
47	1972	The trial and punishment of Social and Economic Offences
48	1972	Some questions under the Code of Criminal Procedure Bill, 1970
49	1972	The proposal for inclusion of agricultural income in the total income
50	1972	The proposal to include persons connected with the Public examination within the definition of 'Public Servant'
51	1972	Compensation of injuries caused by automobiles in hit-and-run cases
52	1972	Estate duty on property acquired after death
53	1972	Effect of the Pensions Act, 1871 on the right to sue for pensions of retired members of public service
54	1973	The Code of Civil Procedure, 1908
55	1973	Rate of Interest after decree and interest on costs under Section 34 and 35 of the Code of Civil Procedure, 1908
56	1973	Statutory Provision as to the Notice of Suit other than Section 80, Civil Procedure Code
57	1973	Benami Transactions
58	1974	Stature and Jurisdiction of the Higher Judiciary
59	1974	Hindu Marriage Act, 1955 and Special Marriage Act, 1954
60	1974	The General Clauses Act, 1897
61	1974	Certain problems with the power of the States to levy a tax on the sale of goods

Courtesy: Wikipedia

Seventh Law Commission

• The Seventh Law Commission was established in 1974 again under the Chairmanship of “Justice P. B. Gajendragadkar”.

• It stayed in office till 1977.

• It presented the following reports;

Report No.	Presented in	Title of Report
62	1974	Workmen's Compensation Act, 1923
63	1975	The Interest Act, 1839
64	1975	The Suppression of Immoral Traffic in Women and Girls Act, 1956
65	1976	Recognition of Foreign Divorces
66	1976	Married Women's Property Act, 1874
67	1977	The Indian Stamp Act, 1899
68	1977	The Power of Attorney Act, 1882
69	1977	The Indian Evidence Act, 1872
70	1977	The Transfer of Property Act, 1882

Eighth Law Commission

• The Eighth Law Commission was established in 1977 under the Chairmanship of “Justice H. R. Khanna”.

• It stayed in office till 1979.

• It presented the following reports;

Report No.	Presented in	Title of Report
71	1978	Irretrievable breakdown of marriage as a ground for divorce
72	1978	Restriction on practice after being a permanent judge
73	1978	Criminal liability for failure by husband to pay maintenance or permanent alimony granted to the wife
74	1978	Proposal to amend the Indian Evidence Act, 1872 so as to render Admissible certain statements made by witnesses before Commissions of Inquiry and other Statutory Authorities
75	1978	Disciplinary jurisdiction under the Advocates Act, 1961
76	1978	Arbitration Act, 1940
77	1979	Delay and arrears in trial courts
78	1979	Congestion of under trial persons in jails
79	1979	Delays and arrears in High Courts and other Appellate Courts
80	1979	Method of Appointment of Judges

Ninth Law Commission

• The Ninth Law Commission was established in 1979 under the Chairmanship of “Justice P. V. Dixit”

• It stayed in office till 1980.

• It presented the following reports;

Report No.	Presented in	Title of Report
81	1979	Hindu Widows Re-marriage Act, 1856
82	1980	Effect of nomination under Section 39, Insurance Act, 1938
83	1980	The Guardian and Wards Act, 1890
84	1980	Rape and allied offences-some questions of substantive law, procedure and evidence
85	1980	Claims for compensation under Chapter 8 of the Motor Vehicles Act, 1939
86	1980	The Partition Act, 1893
87	1980	Identification of Prisoners Act, 1920

Tenth Law Commission

• The Tenth Law Commission was established in 1981 under the Chairmanship of “Justice K. K. Mathew”.

• It stayed in office till 1985

• It presented the following reports;

Report No.	Presented in	Title of Report
88	1983	Governmental Privileges in Evidence
89	1983	The Limitation Act, 1963
90	1983	The Grounds for Divorce amongst Christians in India
91	1983	Dowry deaths and law reform
92	1983	Damages in applications for Judicial Review Recommendations for legislation
93	1983	Disclosures of sources of information by mass media
94	1983	Evidence obtained illegally or improperly
95	1984	Constitutional Division within Supreme Court
96	1984	Repeal of certain obsolete Central Acts
97	1984	Section 28 of the Indian Contract Act, 1872: prescriptive clauses in contracts
98	1984	Sections 24 to 26 of the Hindu Marriage Act, 1955
99	1984	Oral and written arguments in the Higher courts
100	1984	Litigation by and against the Government
101	1984	Freedom of Speech and Expression under Article 19 of the Constitution
102	1984	Section 122(1) of the Code of Criminal Procedure, 1973
103	1984	Unfair Terms in contracts
104	1984	The Judicial Officers' Protection Act, 1850
105	1984	Quality control and inspection of consumer goods
106	1984	Section 103A, Motor Vehicles Act, 1939
107	1984	Law of Citizenship
108	1984	Promissory Estoppel
109	1985	Obscene and Indecent Advertisements and Displays
110	1985	Indian Succession Act, 1925
111	1985	Fatal Incidents Act, 1955
112	1985	Section 45 of the Insurance Act, 1938
113	1985	Injuries in Police Custody

Eleventh Law Commission

• The Eleventh Law Commission was established in 1985 under the Chairmanship of “Justice D. A. Desai”.

• It stayed in office till 1988.

• It presented the following reports;

Report No.	Presented in	Title of Report
114	1986	Gram Nyayalaya
115	1986	Tax Courts
116	1986	Formation of an All India Judicial Service
117	1986	Training of Judicial Officers
118	1986	Method of appointment to subordinate courts
119	1987	Access to Exclusive Forum for victims of motor accidents
120	1987	Manpower planning in Judiciary
121	1987	A new forum for Judicial Appointments
122	1987	Forum for National uniformity in Labour Adjudication
123	1988	Decentralization in Administration of Justice
124	1988	The High Court Arrears - A fresh look
125	1988	The Supreme Court - A fresh look
126	1988	Government and Public Sector Undertaking Litigation policy and Strategies
127	1988	Resource Allocation for Infra-Structural Services in Judicial Administration
128	1988	Cost of Litigation
129	1988	Urban Litigation - Mediation as alternative to Litigation
130	1988	Benami Transactions : A continuum
131	1988	Role of legal profession in Administration of Justice

Courtesy: Wikipedia

Twelfth Law Commission

• The Twelfth Law Commission was established in 1988 under the Chairmanship of “Justice M. P. Thakkar”.

• It stayed in office till 1989.

• It presented the following reports;

Report No.	Presented in	Title of Report
132	1989	Need for Amendment of the Provisions of the Chapter IX of the Code of Criminal Procedure, 1973 in order to ameliorate the hardship and mitigate the distress of Neglected Women, Children and Parents
133	1989	Removal of discrimination against Women in matters relating to Guardianship and Custody of Minor Children and Elaboration of the Welfare Principle
134	1989	Removing Deficiencies in certain provisions of the Workmen's Compensation Act, 1923
135	1989	Women in Custody
136	1990	Conflicts in High Court decisions on Central Laws - How to foreclose and how to resolve
137	1990	Need for creating office of Ombudsman
138	1990	Legislative Protection for Slum and Pavement Dwellers
139	1991	Urgent need to amend Order XXI, Rule 92(2), Code of Civil Procedure
140	1991	Need to amend Order V, Rule 19A of the Code of Civil Procedure
141	1991	Need for amending the laws as regards power of courts to resolve criminal revisional applications and criminal cases dismissed for default in appearance
142	1991	Confessional treatment for offenders who on their own initiative choose to plead guilty without any bargaining
143	1991	Legislative safeguards for protecting the small depositors from exploitation

Thirteenth Law Commission

• The Thirteenth Law Commission was established in 1991 under the Chairmanship of “Justice K. N. Singh”.

• It stayed in office till 1994.

• It presented the following reports ;

Report No.	Presented in	Title of Report
144	1992	Conflicting Judicial decisions pertaining to the Code of Civil Procedure, 1908
145	1992	Article 12 of the Constitution and Public Sector Undertakings
146	1993	Sale of Women and Children: Proposed Section 373-A, Indian Penal Code
147	1993	The Specific Relief Act, 1963
148	1993	Repeal of Certain pre-1947 Central Acts
149	1994	Removal of certain deficiencies in the Motor Vehicles Act, 1988 (Act No. 59 of 1988)
150	1994	Suggesting some Amendments to the Code of Civil Procedure (Act No. V of 1908)
151	1994	Admiralty Jurisdiction
152	1994	Custodial Crimes
153	1994	Inter-Country Adoption

Fourteenth Law Commission

• The Fourteenth Law Commission was established in 1995 under the Chairmanship of “Justice K. Jayachandra Reddy”.

• It stayed in office till 1997.

• It presented the following reports 

Report No.	Date of Presentation	Title of Report
154	22 August 1996	The Code of Criminal Procedure, 1973 (Act No. 2 of 1974)
155	12 July 1997	The Narcotics Drugs and Psychotropic Substances Act, 1985(Act No. 61 of 1985)
156	30 August 1997	The Indian Penal Code

Fifteenth Law Commission

• The Fifteenth Law Commission was established in 1997 under the Chairmanship of “Justice B. P. Jeevan Reddy”.

• It stayed in office till 2000.

• It presented the following reports ;

Report No.	Presented in	Title of Report
157	1998	Section 52:Transfer of Property Act, 1882 and its Amendment
158	1998	The Amendment of the Industries (Development and Regulation) Act, 1951
159	1998	Repeal and Amendment of Laws: Part I
160	1998	Amendment to the All India Council for Technical Education Act, 1987 (Act No. 52 of 1987)
161	1998	Central Vigilance Commission and Allied Bodies
162	1998	Review of functioning of Central Administrative Tribunal, Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal
163	1998	The Code of Civil Procedure (Amendment) Bill, 1997
164	1998	The Indian Divorce Act, 1869 (Act IV of 1869)
165	1998	Free and Compulsory Education for Children
166	1999	The Corrupt Public Servants (forfeiture of property) Bill
167	1999	The Patents (Amendment) Bill, 1998
168	1999	The Hire-Purchase Act,1972
169	1999	Amendment of Army, Navy and Air Force Act
170	1999	Reform of Electoral Laws
171	2000	The Biodiversity Bill, 2000
172	2000	Review of Rape Laws
173	2000	Prevention of Terrorism Bill, 2000
174	2000	Property Rights of Women: Proposed Reforms Under the Hindu Law

Sixteenth Law Commission

• The Sixteenth Law Commission was established in 2000.

• For the period till 2001 “Justice B. P. Jeevan Reddy” continued as the Chairman of the Commission while in the period between 2002 to 2003 the Commission worked under the Chairmanship of “Justice M. Jagannadha Rao”.

• It presented the following reports ;

Report No.	Presented in	Title of Report
175	2000	The Foreigners (Amendment) Bill, 2000
176	2001	The Arbitration and conciliation (Amendment) Bill, 2002
177	2001	Law Relating to Arrest
178	2001	Recommendations for amending various enactments, both civil and criminal
179	2001	Public Interest Disclosure and Protection of Informers
180	2002	Article 20 (3) of the Constitution of India and Right to Silence
181	2002	Amendment to Section 106 of the Transfer of Property Act, 1882
182	2002	Amendment of Section 6 of the Land Acquisition Act, 1894
183	2002	A Continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes
184	2002	Legal Education & Professional Training and Proposals for amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956
185	2003	Review of the Indian Evidence Act, 1872

Courtesy: Wikipedia

Seventeenth Law Commission

• The Seventeenth Law Commission was established in 2003 and continued to be under the Chairmanship of “Justice M. Jagannadha Rao”.

• It stayed in office till 2006.

• It presented the following reports;

Report No.	Presented in	Title of Report
186	2003	Proposal to Constitute Environment Courts
187	2003	Mode of Execution of Death Sentence and Incidental Matters
188	2003	The Proposals for Constitution of Hi-Tech Fast - Track Commercial Divisions in High Courts
189	2004	Revision of Court Fees Structure
190	2004	The Revision of the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999
191	2004	Regulation of Funds collected for Calamity Relief.
192	2005	Prevention of vexatious Litigation
193	2005	Transnational Litigation, Conflict of Laws, Law of Limitation
194	2005	Verification of Stamp Duties and Registration of Arbitral Awards
195	2006	The Judges (Inquiry) Bill, 2005
196	2006	Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners)
197	2006	Public Prosecutor's Appointments
198	2006	Witness Identity Protection and Witness Protection Programmes
199	2006	Unfair (Procedural and Substantive) Terms in Contracts
200	2006	Trial by Media : Free Speech Vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971)
201	2006	Medical Treatment after Accidents and During Emergency Medical Condition and Women in Labour

Eighteenth Law Commission

• The incumbent Law Commission of India is Eighteenth in number and following the convention behind establishment of the Law Commissions in India, has been constituted for a three years tenure.

• It was constituted on 1 September 2006 by Order No. A.45012/1/2006-Admn.III (LA) of the Government of India, Ministry of Law and Justice, Department of Legal Affairs, New Delhi.

• Its tenure has been fixed till 31 August 2009. Unlike the previous Commissions, the Eighteenth Law Commission was constituted of just one permanent Members with the Commission has been empowered to employ the services of part-time Members or other academicians which it would deem proper for its working.

• Previously the trend had been to empanel a number of permanent members with a lesser number of part-time members.

Members

“Justice M. Jagannadha Rao” continued to serve as the Chairman of the Commission until 28 May 2007 on which date “Justice A. R. Lakshmanan” was appointed as the Chairman of the Commission. Currently, the membership of the Law Commission stands as follows;

Chairman (1)

1. Justice A. R. Lakshmanan

Permanent Members (1)

1. Professor Dr. Tahir Mahmood

Member-Secretary (1)

1. Dr. D.P. Sharma (also serving as the Chief Executive of the Commission)

Part-Time Members (6)

1. Justice I. Venkatanarayana

2. Shri O.P. Sharma

3. Dr. K.N. Chandrasekharan Pillai

4. Dr. Mrs. Devinder Kumari Raheja

5. Prof. Mrs. Lakshmi Jambholkar

6. Smt. Kirti Singh

Research Staff (6)

1. Ms. Pawan Sharma (Additional Government Counsel)

2. Shri J.T. Sulaxan Rao (Additional Government Counsel)

3. Shri Sarwan Kumar (Deputy Government Counsel)

4. Shri A.K. Upadhyay (Assistant Government Counsel)

5. Dr. V.K. Singh (Assistant Government Counsel)

6. Shri C. Radha Kriahna (Assistant Government Counsel)

Courtesy: Wikipedia

Terms of Reference

The Eighteenth Law Commission was entrusted with a nine-point Terms of Reference. These relate to ;

1. Review and Repeal of obsolete laws;

2. Law and poverty;

3. Review of judicial administration system;

4. Propose legislation implementing “Directive Principles of State Policy”;

5. Review legislation to promote gender equality;

6. Simplification of existing laws;

7. Updating existing laws;

8. Recommend on other areas it deems proper; and

9. Provide research to foreign countries upon request by Ministry.

Reports

As of now, the Eighteenth Law Commission has submitted the following reports to the Ministry of

Law and Justice;

Report No.	Date of Presentation	Title of Report
202	9 October 2007	Proposal to Amend Section 304-B of the Indian Penal Code
203	26 December 2007	Section 438 of the Code of Criminal Procedure, 1973 as Amended by the Code of Criminal Procedure (Amendment) Act, 2005 (Anticipatory Bail)
204	5 February 2008	Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005
205	5 February 2008	Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other allied Laws
206	10 June 2008	Proposal for enactment of new Coroners Act applicable to the whole of India
207	10 June 2008	Proposal to amend Section 15 of the Hindu Succession Act, 1956 in case a female dies intestate leaving herself acquired property with no heirs
208	30 July 2008	Proposal for the amendment of explanation to Section 6 of the Hindu Succession Act, 1956 to include oral partition and family arrangement on the definition of 'partition'
209	30 July 2008	Proposal for the omission of Section 213 from the Indian Succession Act, 1925
210	17 October 2008	Humanization and Decriminalization of Attempt to Suicide
211	17 October 2008	Laws on Registration of Marriages and Divorce - A proposal for Consolidation and Reform
212	17 October 2008	Laws of Civil Marriage in India - A proposal to Resolve Certain Conflicts
213	24 November 2008	Fast Track Magisterial Courts for Dishonoured Cheque Cases
214	21 November 2008	Proposal for reconsideration of Judges Case I, II and III - S P Gupta Vs, UOI
215	17 December 2008	L. Chandra Kumar be revisited by Larger Bench of Supreme Court
216	17 December 2008	Non-Feasibility of introduction of Hindi as compulsory language in the Supreme Court of India
217	30 March 2009	Irretrievable Breakdown of Marriage – Another Ground for Divorce
218	30 March 2009	Need to accede to the Hague Convention on the Civil Aspects of International Child Abduction (1980)
219	30 March 2009	Need for Family Law Legislations for Non-resident Indians
220	30 March 2009	Need to fix Maximum Chargeable Court-fees in Subordinate Civil Courts
221	30 April 2009	Need for Speedy Justice – Some Suggestions
222	30 April 2009	Need for Justice-dispensation through ADR etc.
223	30 April 2009	Need for Ameliorating the lot of the Have-nots - Supreme Court's judgments

Working of the Law Commission

1. The Law Commission works in close co-ordination and under the general instruction of Ministry of Law and Justice.

2. It generally acts as the initiation point for law reform in the country.

3. Internally, the Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007 ]),

4. The Commission works upon the assigned agenda and primarily comes up with research based reports, often conclusive and recommendatory.

5. The permanent members of the Commission generally are responsible for framing the exact topic and reference to work upon and often takes the services of eminent law experts and jurists who are familiar with the matter under review.

6. These experts may either work part time with the Commission or may have been requested to contribute to specific reports or issues under review.

7. According to the Commission's website, the Commission's regular staff consists of about a dozen research personnel of different ranks and varied experiences with a small group of secretarial staff looks after the administration side of the Commission's operations ] and the internal functioning of the Commission can be described as a process with the following stages;

• Initiation of projects at the Commission's meetings;

• Discussion of priorities; identification of topics and assignment of preparatory work to Members;

• Adoption of methodologies for collection of data and research;

• Outlining of problems and determination of areas for reform;

• Consultations with public, professional bodies and academic institutions;

• Evaluation of responses and preparation of draft of report;

• Discussion and scrutiny of report, leading to its finalization; and

• Forwarding of report to the Ministry of Law and Justice.

Once the Report is submitted to the Ministry of Law and Justice, the task of the Commission ends unless it is required to rework upon identified areas of provide clarifications by the Government on the report submitted. Upon receipt of the Report, it is the responsible for follow-up action on the recommendations made by the Commission in the Report. Generally the Ministry of Law and Justice forwards the Report with its remarks to other relevant Ministries in the Government of India and seeks from them their opinion on the relevance of the recommendation and finalizes with them the manner of implemendation of these recommendations. When the proposals are cleared by the various Ministries and approved by the Cabinet, the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament.

Role of Law Commission in Legal Reform in India

1. Law Commission of India, though an ad hoc body, has been a key instrumentality in the process of law reform in India.

2. Its role has not only been advisory but also critical of the government policies and has been recognized by the Supreme Court of India and also the academia as pioneering and prospective. In a number of decisions the Supreme Court has referred to the work done by the Law Commission and followed its recommendations.

3. The fact that the Chairman of the Law Commission is generally a retired Judge of the Supreme Court has only helped the prominence of the Commission.

“The Commission reviews judicial administration to ensure that it is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost-effective without sacrificing the cardinal principle that they are just and fair. The Commission seeks to simplify procedure to curb delays and improve standards of justice. It also strives to promote an accountable and citizen-friendly government which is transparent and ensures the people's right to information.”

— Lalit Sethi, PIB , 

4. There is no binding value of the recommendations of the Commission, for "they are recommendations.

5. They may be accepted or rejected. Action on the said recommendations depends on the ministries/departments, which are concerned with the subject matter of the recommendations." 

6.  This has resulted in a number of important and critical recommendations not being implemented. However the Commission has continued to work upon its assigned tasks.

7. The power vested in the Commission to suo motu take up matters for discussion and submit recommendations has also worked well to the advantage of the legal system in the country.

8. The history of the Commission is replete with such recommendations which have been made in the wake of the hour and where the law has needed change.

9. Further, the Commission has been often returned to review its earlier reports in the wake of changed scenarios and the aptness of law in such situations. Euthanasia and related issues, in particular, has been one such area where the Commission has been relook the situation at least three times, with the latest being its 196th report on the topic.

Besides the Law Ministry, the Commission has also been requested to work upon specific issues and submit its views by the Supreme Court on various occasions. The latest in regard has been the 205th Report of the Commission which has been prepared in view of the Supreme Court's request for assistance in determination of "certain legal issues relating to child marriage, and the different ages at which a person is defined as a child in different laws." The Report stirred a public debate in India for recommending inter alia, a reduction in marriage age of boys to be at par with girls at 18, instead of the long continuing 21 and 18 respectively.

With all its past and present works being continuously provided on the internet, the Commission has also provided a firm assistance to legal research in the country. The fact that a number of its reports have been taken receptively by the various Ministries and have been worked upon to change the legal scenario, is itself an indicator sufficient enough of the role of the Commission in furtherance of law reform in India.

Courtesy: Wikipedia