1.

Write a critical note on the nature, composition and mandate of the Law Commission of
India. Critically comment on its some of latest reports.
Law commission of india is neither a constitutional body nor a statutory body.it is just an ad hoc
an advisory body whose function is to do research and make recommendations for law reforms
such as amendments and updations of prevalent and inherited laws.
None of these recommendations are binding on government.
It is established by an order of the government .Who will head the law commission is completely
at the discretion of the government . however, it is a convention that a retired judge of the
supreme court heads it.
States also can constitute their law commission.
Its membership primarily comprises of legal experts , who are entrusted a mandate by the
government. The commission is established for a fixed tenure (generally 3 years) and works as a
advisory body to the Ministry of Law and Justice.
Indias first law commission was established in 1834 via charter act of 1833 under the
Chairmanship of Lord Macaulay which recommended codification of the Penal code , the
Criminal Procedure code etc.
It has sometimes been critical of the government policies and has been recognized by the
Supreme Court and also the academia as pioneering and prospective. In a number of decisions
the supreme court has referred to the work done by the law commission and followed its
recommendations.
Mandate- Its motto is Reforming the Law For Maximising Justice in Society and Promoting
Good Governance under the Rule of Law as such its purpose is Law Reform in India.
What efforts has the commission made to identify and recommend the repeal of outdated
laws?
Every legislature is expected to undertake periodic spring-clearing of the corpus of statute laws.
The idea is to remove the deadwood so that citizens are spared the inconvenience of taking
notice of laws that have ceased to bear any relevance to current conditions. This is particularly
relevant in current times, as the number of laws is growing. The Law Commission has
undertaken a study titled The Legal Enactments: Simplification & Streamlining. The study is to
identify and recommend the repeal of laws that are obsolete. It identifies laws that are
inconsistent with modern and new laws, inconsistent with Supreme Court judgments or
international conventions and treaties signed and ratified by India or laws whose costs outweigh
their benefits.
It recommended the Australian or UK system, which has a clause of repeal In the laws itself. It
has recommended the repeal of Appropriation Acts that are more than 10 years old, that will
mean about 700 laws.
It has also recommended setting up of a commercial courts in India , on the lines of those in
Singapore, New york or London. It will result in speedier resolution of commercial disputes who
are trained in commercial laws.