As Updated on 21^st  June, 2011

Government of India

Ministry of Law & Justice

Department of Legal Affairs

LAW COMMISSION OF INDIA

INFORMATION PUBLISHED IN PURSUANCE OF SECTION 4(1)((b)-(i) to (xvii)) OF THE RIGHT TO INFORMATION ACT, 2005

(i)   Particulars of its organisation, functions and duties.  The First Law Commission of Independent India was established in 1955, with the then Attorney General of India, Mr. M.C. Setalvad as its Chairman.

Since then, eighteen more Law Commissions were appointed, each with a three-year term and with different terms of reference. The names of Chairmen who presided over these Commissions are given below:-

The Nineteenth Law Commission, i.e. the present one, was constituted  with effect from September 1, 2009 for a term of three years upto  August 31, 2012. The Commission comprises of the following:-

                 The Terms of Reference of the Nineteenth Law Commission are as follows:-

A.            Review/Repeal of obsolete laws:

(i)         to identify laws which are no longer needed or relevant and can be immediately repealed;

(ii)         to identify laws which are in harmony with the existing climate of economic liberalisation which need no change;

(iii)        to identify laws which require changes or amendments and to make suggestions for their amendment;

(iv)        to consider in a wider perspective the suggestions for revision/amendment given by Expert Groups in various Ministries/Departments with a view to coordinating and harmonising them;

(v)        to consider references made to it by Ministries/ Departments in respect of legislation having bearing on the working of more than one Ministry/ Department;

(vi)        to suggest suitable measures for quick redressal of citizens grievances, in the field of law.

 B.           Law and Poverty

(i)    to examine the Laws which affect the poor and carry out post-audit for socio-economic legislation;

(ii)  to take all such measures as may be necessary to harness law and the legal process in the service of the poor.

C.            To keep under review the system of judicial administration to ensure that it is responsive to the reasonable demands of the times and in particular to secure:-

(i)   elimination of delays, speedy clearance of arrears and reduction in costs so as to secure quick and economical disposal of cases without affecting the cardinal principles that decisions should be just and fair.

(ii)   simplification of procedure to reduce and eliminate technicalities and devices for delay so that it operates not as an end in itself but as a means of achieving justice.

(iii) improvement of standards of all concerned with the administration of justice.

D.            To examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislation as might be necessary to implement the Directive Principles and to attain the objective set out in the Preamble to the Constitution.

E.            To examine the existing laws with a view to promoting gender equality and suggesting amendments thereto.

1. To revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities.

G.            To recommend to the Government measure for bringing the statue book up-to-date by repealing obsolete laws and enactments or parts thereof which have outlived their utility.

H.            To consider and to convey to the Government its views on any subject relating to law and judicial administration that may be referred to it by the Government through Ministry of Law & Justice (Department of Legal Affairs).

I.             To consider the requests for providing research to any foreign countries as may be referred to it by the Government through Ministry of Law & Justice (Department of Legal Affairs)..

J.             To examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.

(ii)                 The Powers and duties of its officers and employees

While discharging its functions in accordance with the Terms of Reference, the Commission is presently assisted by one Additional Secretary, one Joint Secretary, one Additional Law Officer, one Deputy Law Officer and one Assistant Legal Adviser.  The Secretariat staff, looking after the administrative side of the Commission’s operations, presently consists of one Under Secretary, one Section Officer, one Assistant and four Upper Division clerks.  The stenographic assistance to the Commission and its officers is provided by   officers of different levels. The Library consists of one Assistant Library Information Officer and one Junior Library Attendant, at present. In addition there are six Staff Car Drivers and twenty six Group ‘D’ staff and four Daily wagers.

(iii)                The procedure followed in the decision making process, including channel of supervision and accountability :

       The Ministry of Law & Justice may assign to the Commission from time to time any subject relating to Law and Judicial administration.  The Commission also takes up any such subject suo- moto under the Terms of Reference.  The projects undertaken by the Commission are initiated in the Commission’s meetings which take place frequently. Priorities are discussed, topics are identified and preparatory work is assigned to each member of the Commission. Depending upon the nature and scope of the topic, different methodologies for collection of data and research are adopted keeping the scope of the proposal for reform in mind.

Discussion at Commission meetings during this period helps not only in articulating the issues and focusing the research, but also evolving a consensus among Members of the Commission. What emerges out of this preparatory work in the Commission is usually a working paper outlining the problem and suggesting matters deserving reform. The paper is then sent out for circulation in the public and concerned interest groups with a view to eliciting reactions and suggestions. Usually a carefully prepared questionnaire is also sent with the document.

The Law Commission has been anxious to ensure that the widest section of people is consulted in formulating proposals for law reforms. In this process, partnerships are established with professional bodies and academic institutions. Seminars and workshops are organised in different parts of the country to elicit critical opinion on proposed strategies for reform.

Once the data and informed views are assembled, the Commission’s staff evaluates them and organizes the information for appropriate introduction in the Report which is written either by the Member-Secretary or one of the Members or the Chairman of the Commission. It is then subjected to close scrutiny by the full Commission in   meetings. Once the Report and summary are finalised, the Commission may decide to prepare a draft amendment or a new bill which may be appended to its Report. Thereafter, the final Report is forwarded to the Government.

Since the establishment of the First Law Commission of Independent India, it and the subsequent Law Commissions have so far submitted 234 Reports on various issues.

        The Reports of the Law Commission are considered by the Ministry of Law & Justice, in consultation with the concerned administrative Ministries and are submitted to Parliament from time to time. They are cited in Courts, in academic and public discussions and are acted upon by concerned Government Ministries/Departments depending on the Government’s recommendations.

                In so far as the administrative side of the Commission’s operations is concerned, cases/receipts are put up by the concerned dealing hands to the Section Officer.  The Section Officer submits the files to the Under Secretary, who in turn submits the files to the Joint Secretary and Law Officer, who is the Head of the Office.  The Joint Secretary & Law Officer submits files of important nature to the Member-Secretary.

(iv)          The norms set by it for the discharge of its functions

The Law Commission of India functions within its terms of reference as enumerated in item No. (i) above.  The modalities followed by it have also been enumerated in item No. (iii) above.

      In so far as the administration side of the Commission’s operations is concerned, it functions in accordance with the various Central Civil Services Rules and other Rules applicable to the Central Government employees.  It is also guided by various manuals/circulars etc. issued by various Ministries/Departments of the Govt. of India.

(v)           The rules, regulations, instructions, manuals and records held by it as under its control as  used by its employees  for discharging its functions

In the discharge of its functions, the Law Commission of India uses  for research purposes various Central and State Law e.g. Acts, Rules, Codes, Regulations, etc.  It also uses various judgements of the Supreme Court of India and of High Courts.  Judgements of foreign courts and International Courts are also used.  Various Reports of Commissions, Committees etc, are also used.

      In so far as the administrative side of the Commission is concerned, it uses the following Rules in the discharge of its functions:-

–                      Staff Car Rules

–                      Medical Attendance Rules

–                      CCS(CCA) Rules

–                      CCS (Conduct) Rules

–                      General Provident Fund Rules

–                      Leave Travel Concession Rules

–                      General Financial Rules, 2005

–                      Delegation of Financial Power Rules

–                      House Building Advance Rules

–                      CCS(Revised Pay) Rules, 1997

–                      Central Treasury Rules

In addition various Manuals/Circulars etc issued by various Ministries/Departments of the Govt. of India, are also used.

(vi)          A statement of the categories of documents that are held by it as under its control :

The Law Commission of India holds the following documents:-

• Copies of Reports released by it
•  Parliament Questions related to Law Commission sent by Deptt. of Legal Affairs Min. of Law & Justice
•  Correspondence with Ministries/Other Organisations, Departments, State Governments and letters/E-mails from individuals seeking information etc. 

                        The administrative side of the Commission maintains files relating to the following:

;    Appointments

;    Personal files and service book (including leave account) of its employees

;    Court related litigation files

;    Training

;    Continuation of temporary posts

;    Conferences / Seminars in India and abroad

;    Staff Cars

;    Purchase and maintenance of air-conditioners, room coolers, heaters, photo copiers, vacuum cleaners, computers, printers, UPS etc

;    Electricity and Water bills

;    CPWD complaints

;    Dry cleaning and washing

;    Engagement of casual labour

;    Circulars

;    Republic Day & Independence Day Celebration

;    Library matters

;    Purchase and distribution of stationery items

;    Purchase and distribution of  uniforms

;    Maintenance of Annual Confidence Reports

;    Other Miscellaneous matters

(vii)         The particulars of any arrangement that exists  for consultation with, or representation by the members of the public in relation to the formulation of its policy or implementation thereof :

The working papers/consultation papers outlining the problems/issues under   consideration of the Law Commission of India and suggesting matters deserving reforms, are sent out for circulation among the public and interest groups like Judges of the Supreme Court, High Courts and Lower Courts, Bar Associations, State Govts’ law enforcement agencies, media persons, NGOs etc. with a view to eliciting reactions and suggestions.  Professional bodies and academic institutions are involved in the consultation process. Seminars/Workshops/Conference are also organized in different parts of the country to elicit critical opinion on proposed strategies for reform based on the Working Papers/Consultation Papers.  These papers are also put on web site of the Commission and views of public are invited.  The concerned persons also send their views through e-mails.

(viii)   A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advise, and as to whether meetings of those boards, councils, committees and other bodies are  open to public, or the minutes of such meetings are accessible for public :

                  The Chairman, Law Commission of India, convenes internal meetings of the Commission from time to time where the Member Secretary, Members and Law Officers of the Commission are present.  Such meetings being internal in nature are not open to public.

(x)  The monthly remuneration received by each of its officers and employees, indicating the system of compensation as provided in its regulation :

            The detail of scale of pay of the officers and employees of the Law Commission of India and their Basic Pay as on 1^st September 2010, are given below.  They also receive allowances and other perquisites/benefits as admissible to Central Govt. Employees.  In the case of Chairman, Law Commission of India, being a retired judge of the Supreme Court of India, he is entitled to perquisites/privileges or amenities and facilities as are admissible to serving Supreme Court Judges from time to time. 

(xi)                  The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursement made :

The budget allocated to the Law Commission of India for the Financial Year 2011-12 is Rs.5,34,00,000/-. The entire amount is “non-plan” and is meant to incur expenses on account of salary, wages, medical treatment, domestic and foreign official travel, office expenses etc.  No budgetary allocation is made under “plan”, for the Commission. 

(xii)                 The manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiary of such programmes :

No subsidy programmes are executed by the Law Commission of India and no amount is allocated to it for the purpose.

(xiii)               Particulars of concessions, permits or authorization granted by it :

No concessions, permits or authorization are granted by the Law Commission of India.

(xiv)                Details in respect of the information available to or held by it, reduced in on electronic form

The Law Commission of India accesses information from the web-sites of its counterpart Law Reform Commissions Agencies in other countries, State Law Commissions, various Courts, Legal Research Institutions, Ministries/Departments of  the Govt. of India, law reports in electronic form etc.  The Commission has released its 3 CDs comprising of its report Nos. 1 to 190 which are available on sale through NICSI..

            The Law Commission of India has its own web-site http://lawcommissionofindia.nic.in which enlists all the Reports of the Commission, its various  Consultation/Discussion Papers released,  current reports placed on table of both Houses of Parliament and some important reports.

(xv)                 The particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use.

The report Nos. 1 to 190 are contained in 3 CDs as stated in above paragraph. The citizens can obtain information from the Law Commission of India through correspondence, accessing its web-site and through e-mail.  The library of the Law Commission is not meant for public use.

(xvi)                The name, designations and other particulars of the Appellate Authority

The particulars of the Appellate Authority designated by the Law Commission of India, is given below:

Name:   Sh. Sushil Kumar

Designation: Joint Secretary & Law Officer

Office Address:  Law Commission of India

                             Room No. 9, 2^nd Floor,

                        Indian Law Institute Building,

                             Bhagwan Das Road, New Delhi-110001

Tel No. (Office)       23383314

(xvii)                     The names, designations and other particulars of the Public Information Officers

The particulars of the Public Information Officer designated by the Law Commission of India, are given below:

i)           Name: Shri A. K. Upadhyay

 Designation:    Deputy Law Officer

Office Address:                        Law Commission of India

                                                 3rd Floor, Indian Law Institute Building,

                                     Bhagwan Das Road, New Delhi-110001

ii)          Name:               Dr. V. K. Singh

Designation:     Deputy Legal Adviser

Office Address:            Law Commission of India

                                                3rd Floor, Indian Law Institute Building,

                                    Bhagwan Das Road, New Delhi-110001

(xviii)      Such other information as may be prescribed :

The Law Commission of India is engaged in research and recommends legislative reforms.  It is a pro-active organisation drawing upon the legal developments in India and abroad and endeavors to keep the Indian legal system always responsive to the changing socio-economic needs of a developing society.