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4th September 2024 (11 Topics)

23rd Law Commission of India

Context

The 23rd Law Commission has been constituted for a period of three years, effective September 1, following the conclusion of the term of the 22nd Law Commission on August 31.

About the New Commission

  • The new commission will advise the government on complex legal issues.
  • It will consist of a full-time chairperson, four full-time members, and the secretaries of the Department of Legal Affairs and the Legislative Department as ex-officio members.
  • Appointment of Members: The commission can include serving Supreme Court and High Court judges as its chairperson and members, continuing the precedent set by the 21st and 22nd Law Commissions. However, recent commissions have predominantly been headed by retired judges or former Chief Justices of High Courts.
  • The terms of reference include reviewing the judicial administration system to make it more responsive to the demands of the time. Among the goals are eliminating delays, simplifying High Courts rules and implementing a framework for case flow management.
  • It also includes examining laws in the context of the Directive Principles, which advocate for a Uniform Civil Code under Article 44 of the Constitution.

Fact Box: Law Commission of India

  • Law Commission of India is a non-statutory body. It acts as an advisory body to the Ministry of Law and Justice
  • The Commission was originally constituted in 1955 and is re-constituted from time to time.
  • It is constituted by a notification of the Ministry of Law & Justice, Department of Legal Affairs with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.
  • The Law Commission has taken up various subjects on references made by Department of Legal Affairs, Supreme Court and High Courts and submitted 277 reports. The Law Commission of India provides excellent thought provoking and vital review of the laws in India.
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