President Droupadi Murmu has approved the constitution of the 23rd Law Commission of India, with its term set from September 1, 2024, to August 31, 2027.
According to a notification issued on Monday, the commission will include a full-time chairperson, four members, and additional ex-officio and part-time members. The commission’s mandate is to review and recommend legal reforms to enhance the Indian legal system.
The 22nd Law Commission’s term ends on Saturday. The commission has been functioning without a chairperson for several months, delaying crucial reports, including those on the Uniform Civil Code and simultaneous elections.
In March 2024, Justice Ritu Raj Awasthi, the then Chairman of the Law Commission, resigned after a 17-month tenure. While the report on simultaneous elections is ready, it cannot be submitted to the Law Ministry due to procedural requirements that stipulate the need for a chairperson.
According to the Gazette Notification, the terms of reference for the 23rd Commission of India are as follows:
A. Review/ repeal of Obsolete Laws-
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.
B. Law and Poverty
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.
C. Judicial Administration
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.
D. Directive Principles and Constitutional Objectives
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.
E. Gender Equality
1. Review existing laws to promote gender equality and suggest amendments.
F. Revision of Central Acts
1. Revise significant Central Acts to simplify them and address anomalies, ambiguities, and inequities.
G. Government References
1. Consider and convey views on law and judicial administration topics specifically referred by the Government.
H. International Research Assistance
1. Provide research assistance or guidance to foreign countries as referred by the Government.
I. Globalization Impact
1. Examine the impact of globalization on food security and unemployment.
2. Recommend measures to protect marginalized interests.
Additional Provisions:
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.
(With ANI input)
