{"id":2612,"date":"2011-08-08T12:10:35","date_gmt":"2011-08-08T06:40:35","guid":{"rendered":"http:\/\/mynation.net\/docs\/?p=2612"},"modified":"2011-08-08T12:10:35","modified_gmt":"2011-08-08T06:40:35","slug":"law-commission","status":"publish","type":"post","link":"https:\/\/mynation.net\/docs\/law-commission\/","title":{"rendered":"About LAW COMMISSION OF INDIA"},"content":{"rendered":"

As Updated on 21st <\/sup>\u00a0June, 2011<\/p>\n

Government of India<\/p>\n

Ministry of Law & Justice<\/p>\n

Department of Legal Affairs<\/p>\n

LAW COMMISSION OF INDIA<\/p>\n

\u00a0<\/p>\n

INFORMATION PUBLISHED IN PURSUANCE OF SECTION 4(1)((b)-(i) to (xvii)) OF THE RIGHT TO INFORMATION ACT, 2005<\/em><\/p>\n

(i)\u00a0\u00a0 Particulars of its organisation, functions and duties<\/span><\/strong>.\u00a0 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.<\/p>\n

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:-<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
\n

Second Law Commission<\/p>\n<\/td>\n

1958-61<\/td>\nMr. Justice T. V. Venkatarama Aiyar.<\/td>\n<\/tr>\n
Third Law Commission<\/td>\n1961-64<\/td>\nMr. Justice J. L. Kapur<\/td>\n<\/tr>\n
Fourth Law Commission<\/td>\n1964-68<\/td>\nMr. Justice J. L. Kapur<\/td>\n<\/tr>\n
Fifth Law Commission<\/td>\n1968-71<\/td>\nMr. K. V. K. Sundaram, I. C. S.<\/td>\n<\/tr>\n
Sixth Law Commission<\/td>\n1971-74<\/td>\nMr. Justice Dr. P. B. Gajendragadkar<\/td>\n<\/tr>\n
Seventh Law Commission<\/td>\n1974-77<\/td>\nMr. Justice Dr. P. B. Gajendragadkar<\/td>\n<\/tr>\n
Eighth Law Commission<\/td>\n1977-79<\/td>\nMr. Justice H. R. Khanna<\/td>\n<\/tr>\n
Ninth Law Commission<\/td>\n1979-80<\/td>\nMr. Justice P. V. Dixit<\/td>\n<\/tr>\n
Tenth Law Commission<\/td>\n1981-85<\/td>\nMr. Justice K. K. Mathew<\/td>\n<\/tr>\n
Eleventh Law Commission<\/td>\n1985-88<\/td>\nMr. Justice D. A. Desai<\/td>\n<\/tr>\n
Twelfth Law Commission<\/td>\n1988-91<\/td>\nMr. Justice M. P. Thakkar<\/td>\n<\/tr>\n
Thirteenth Law Commission<\/td>\n1991-94<\/td>\nMr. Justice K. N. Singh<\/td>\n<\/tr>\n
Fourteenth Law Commission<\/td>\n1995-97<\/td>\nMr. Justice K Jayachandra Reddy<\/td>\n<\/tr>\n
Fifteenth Law Commission<\/td>\n1997-2000<\/td>\nMr. Justice B. P. Jeevan Reddy<\/td>\n<\/tr>\n
Sixteenth Law Commission<\/p>\n

 <\/td>\n

2000-2001<\/p>\n

2002-2003<\/td>\n

Mr. Justice B. P. Jeevan Reddy<\/p>\n

Mr. Justice M. Jagannadha Rao<\/td>\n<\/tr>\n

Seventeenth Law Commission<\/td>\n2003-2006<\/td>\nMr. Justice M. Jagannadha Rao<\/td>\n<\/tr>\n
Eighteenth Law Commission<\/td>\n2006-2009<\/td>\nDr. Justice. AR. Lakshmanan<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

The Nineteenth Law Commission, i.e. the present one, was constituted\u00a0 with effect from September 1, 2009 for a term of three years upto\u00a0 August 31, 2012. The Commission comprises of the following:-<\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Justice Shri P.V. Reddi<\/td>\nChairman<\/td>\n<\/tr>\n
Shri K.T.S. Tulsi<\/td>\nVice-Chairman Part-time<\/td>\n<\/tr>\n
Dr. Brahm A. Agrawal<\/td>\nMember-Secretary<\/td>\n<\/tr>\n
Justice Shri Shiv Kumar Sharma<\/td>\nMember Full-time<\/td>\n<\/tr>\n
Sh. Amarjit Singh<\/td>\nMember Full-time<\/td>\n<\/tr>\n
Dr. B.V. Acharya<\/td>\nMember Part-time<\/td>\n<\/tr>\n
Sh. A. Mariarputham<\/td>\nMember Part-time<\/td>\n<\/tr>\n
Sh. C. Achuthan<\/td>\nMember Part-time<\/td>\n<\/tr>\n
Prof. (Dr.) Ranbir Singh<\/td>\nMember Part-time<\/td>\n<\/tr>\n
Sh. Afzal Wani<\/td>\nMember Part-time<\/td>\n<\/tr>\n
Sh. R. Venkataramani<\/td>\nMember Part-time<\/td>\n<\/tr>\n
Dr. (Mrs.) Shashikala Gurpur Murphy<\/td>\nMember Part-time<\/td>\n<\/tr>\n
Sh. Narasingha Mishra<\/td>\nMember Part-time<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0The Terms of Reference of the Nineteenth Law Commission are as follows:-<\/p>\n

A. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Review\/Repeal of obsolete laws<\/span>:<\/strong><\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to identify laws which are no longer needed or relevant and can be immediately repealed;<\/p>\n

(ii)\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0 to identify laws which are in harmony with the existing climate of economic liberalisation which need no change;<\/p>\n

(iii)\u00a0\u00a0 \u00a0\u00a0\u00a0\u00a0 to identify laws which require changes or amendments and to make suggestions for their amendment;<\/p>\n

(iv)\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0 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;<\/p>\n

(v)\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0 to consider references made to it by Ministries\/ Departments in respect of legislation having bearing on the working of more than one Ministry\/ Department;<\/p>\n

(vi)\u00a0 \u00a0\u00a0\u00a0\u00a0\u00a0 to suggest suitable measures for quick redressal of citizens grievances, in the field of law.<\/p>\n

\u00a0B.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Law and Poverty<\/strong><\/p>\n

(i)\u00a0\u00a0\u00a0 to examine the Laws which affect the poor and carry out post-audit for socio-economic legislation;<\/em><\/p>\n

(ii)\u00a0 to take all such measures as may be necessary to harness law and the legal process in the service of the poor. <\/em><\/p>\n

C. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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:-<\/strong><\/p>\n

(i)\u00a0\u00a0 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.<\/p>\n

(ii)\u00a0\u00a0 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. <\/em><\/p>\n

(iii) improvement of standards of all concerned with the administration of justice.<\/p>\n

D. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>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.<\/p>\n

E.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 To examine the existing laws with a view to promoting gender equality and suggesting amendments thereto.<\/p>\n

    \n
  1. To revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities.<\/li>\n<\/ol>\n

    G.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n

    H. \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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).<\/p>\n

    I.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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)..<\/p>\n

    J.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 To examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.<\/p>\n

     <\/p>\n

    (ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Powers and duties of its officers and employees<\/span><\/strong><\/p>\n

    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.\u00a0 The Secretariat staff, looking after the administrative side of the Commission\u2019s operations, presently consists of one Under Secretary, one Section Officer, one Assistant and four Upper Division clerks.\u00a0 The stenographic assistance to the Commission and its officers is provided by\u00a0\u00a0 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 \u2018D\u2019 staff and four Daily wagers.<\/p>\n

    (iii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The procedure followed in the decision making process, including channel of supervision and accountability<\/span><\/strong> :<\/p>\n

    \u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0The Ministry of Law & Justice may assign to the Commission from time to time any subject relating to Law and Judicial administration.\u00a0 The Commission also takes up any such subject suo- moto under the Terms of Reference.\u00a0 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.<\/p>\n

    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.<\/p>\n

    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.<\/p>\n

    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\u00a0\u00a0 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.<\/p>\n

    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.<\/p>\n

    \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 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.<\/p>\n

    \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In so far as the administrative side of the Commission\u2019s operations is concerned, cases\/receipts are put up by the concerned dealing hands to the Section Officer.\u00a0 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.\u00a0 The Joint Secretary & Law Officer submits files of important nature to the Member-Secretary.<\/p>\n

    (iv)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>The norms set by it for the discharge of its functions<\/span><\/strong><\/p>\n

    \u00a0<\/span><\/strong><\/p>\n

    The Law Commission of India functions within its terms of reference as enumerated in item No. (i) above.\u00a0 The modalities followed by it have also been enumerated in item No. (iii) above.<\/p>\n

     <\/p>\n

    \u00a0\u00a0\u00a0\u00a0\u00a0 In so far as the administration side of the Commission\u2019s operations is concerned, it functions in accordance with the various Central Civil Services Rules and other Rules applicable to the Central Government employees.\u00a0 It is also guided by various manuals\/circulars etc. issued by various Ministries\/Departments of the Govt. of India.<\/p>\n

     <\/p>\n

    (v)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>The rules, regulations, instructions, manuals and records held by it as under its control as\u00a0 used by its employees\u00a0 for discharging its functions <\/span><\/strong><\/p>\n

    \u00a0<\/span><\/strong><\/p>\n

    In the discharge of its functions, the Law Commission of India uses\u00a0 for research purposes various Central and State Law e.g. Acts, Rules, Codes, Regulations, etc.\u00a0 It also uses various judgements of the Supreme Court of India and of High Courts.\u00a0 Judgements of foreign courts and International Courts are also used.\u00a0 Various Reports of Commissions, Committees etc, are also used.<\/p>\n

     <\/p>\n

    \u00a0\u00a0\u00a0\u00a0\u00a0 In so far as the administrative side of the Commission is concerned, it uses the following Rules in the discharge of its functions:-<\/p>\n

     <\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Staff Car Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Medical Attendance Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 CCS(CCA) Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 CCS (Conduct) Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 General Provident Fund Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Leave Travel Concession Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 General Financial Rules, 2005<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Delegation of Financial Power Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 House Building Advance Rules<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 CCS(Revised Pay) Rules, 1997<\/p>\n

    –\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Central Treasury Rules<\/p>\n

     <\/p>\n

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

     <\/p>\n

    (vi)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>A statement of the categories of documents that are held by it as under its control :<\/span><\/strong><\/p>\n

    \u00a0<\/span><\/strong><\/p>\n

    The Law Commission of India holds the following documents:-<\/p>\n

     <\/p>\n