Context:
The President of India has sanctioned the constitution of the 23rd Law Commission of India, which will serve from September 1, 2024, to August 31, 2027.
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The 23rd Law Commission of India consists of:
- A full-time Chairperson:
- Four full-time Members (including Member-Secretary)
- Secretary of Legal Affairs and Legislative Department as ex officio Member
- Not more than five part-time Members.
- The chairperson and members could be serving judges of the Supreme Court or High Courts or other category of persons.
- The term of the 22nd Law Commission ended on August 31, which was functioning without Chairperson for several months, and crucial reports, including those on the Uniform Civil Code and simultaneous elections, remain pending.
- The 23rd Commission has also been asked to examine the impact of globalisation on food security, unemployment and recommend measures for the protection of the interests of the marginalised.
According to the Gazette Notification, the terms of reference for the 23rd Commission of India are as follows
- Review/ repeal of Obsolete Laws
- Law and Poverty
- Judicial Administration
- Directive Principles and Constitutional Objectives
- Gender Equality
- Revision of Central Acts
- International Research Assistance
Law Commission
- It is a non-statutory body and is constituted by a notification of the Ministry of Law & Justice, Department of Legal Affairs.
- The Commission works on projects based on the references received from the Central Government and/or from the Supreme Court and High Courts.
- It works with a definite term 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 Reports of the Law Commission are laid in Parliament from time to time by the Department of Legal Affairs, Ministry of Law and Justice and forwarded to the concerned administrative Departments/Ministries for implementation.
- During the British period, the First Law Commission was formed in 1834 with Lord Thomas Babington Macaulay serving as the First Law Member.
- After independence, the Central Government established the First Law Commission in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its chairman.
- Since then, twenty-two Law Commissions have been appointed, each with a three-year term and with a definite term of reference.