Government constitutes 23rd Law Commission for three years term

President Droupadi Murmu has sanctioned the constitution of the 23rd Law Commission of India, which will serve from September 1, 2024, to August 31, 2027.

According to the notification issued on Monday, the commission will comprise a full-time Chairperson, four members, and additional ex-officio and part-time members.

The commission's role will be to review and recommend legal reforms to improve the Indian legal system.

The notification stated that the sanction of the President is accorded to the constitution of the 23rd Law Commission of India for three years from 1st September 2024 to 31st August 2027 consisting of (i) a full-time Chairperson;(ii) four full-time Members (including Member-Secretary); (iii) Secretary, Department of Legal Affairs as ex officio Member; (iv) Secretary, Legislative Department as ex officio Member; and (v) not more than five part-time Members.

The 22nd Law Commission of India's term ends on Saturday.

The commission has been functioning without a chairperson for several months, and crucial reports, including those on the Uniform Civil Code and simultaneous elections, remain pending.

Although the report on simultaneous elections is ready, it cannot be submitted to the Law Ministry due to procedural requirements stipulating the need for a chairperson.

In March 2024, Justice Ritu Raj Awasthi, the Chairman of the Law Commission of India, resigned after serving a 17-month tenure.

Since his departure, the commission has been operating without a chairperson which has impacted the submission of key reports.

According to the Gazette Notification, the terms of reference for the 23rd Commission of India are as follows:

1- Identify laws for immediate repeal that are no longer needed or relevant.

2. Develop a Standard Operating Procedure (SoP) for periodic reviews, including simplifying language and processes.

3. Identify laws that need amendments to align with current economic needs.

4. Suggest amendments for laws requiring changes.

5. Consider suggestions from Expert Groups across Ministries for harmonizing laws.

6. Address references from Ministries/Departments via the Department of Legal Affairs on multi-ministry/Department legislation.

7. Propose measures for quick redressal of citizens' grievances.

1. Examine laws affecting the poor and conduct post-enactment audits of socio-economic legislation.

2. Utilize law and legal processes to benefit the poor.

1. Eliminate delays, clear arrears, and reduce costs for efficient case disposal while ensuring fairness.

2. Simplify court processes and harmonize High Court rules.

3. Reduce technicalities and delay devices in procedures.

4. Implement case management and case flow management frameworks.

1. Review laws in light of the Directive Principles of State Policy.

2. Suggest improvements, reforms, and new legislation to implement these principles and achieve constitutional objectives.

1. Review existing laws to promote gender equality and suggest amendments.

1. Revise significant Central Acts to simplify them and address anomalies, ambiguities, and inequities.

1. Consider and convey views on law and judicial administration topics specifically referred by the Government.

1. Provide research assistance or guidance to foreign countries as referred by the Government.

1. Examine the impact of globalization on food security and unemployment.

2. Recommend measures to protect marginalized interests.

1. The Commission shall finalize recommendations after consulting relevant Ministries/Departments and stakeholders.

2. Reports shall be submitted in Hindi and English, with copies for both Houses of Parliament, and made available on the website.

3. Reports and summaries will be accessible on the Law Commission's website.

4. Develop partnerships with law universities and policy research institutions; offer internships to law students.

5. Engage consultants or experts for specific projects as needed,