The Law Commission of India is an executive body established by an order of the Government of India. The commission's function is to research and advise the government on legal reform, and is composition of legal experts, and headed by a retired judge. The commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
The first Law Commission was established during colonial rule in India by the East India Company under the Charter Act 1833 and was presided over by Lord Macaulay. After that, three more commissions were established in British India. The first Law Commission of independent India was established in 1955 for a three-year term. Since then, twenty-two more commissions have been established. On 7 November 2022, Justice Rituraj Awasthi (Former Chief Justice of the Karnataka HC) was appointed as the chairperson of the 22nd Law Commission and Justice KT Sankaran, Prof.(Dr.) Anand Paliwal, Prof. DP Verma, Prof. (Dr) Raka Arya and Shri M. Karunanithi as members of the commission.
Evolution of Law Commission in India
The origin of the first Law Commission of India lies in the diverse and often conflicting laws prevailing in the local regions and those administered by the East India Company, which was granted royal charters and also conferred powers by the various Indian rulers to administer and oversee the conduct of the inhabitants in the local areas where the company exercised control. During this period of administration by the company, two sets of laws operated in the areas; one which applied to and in relation to British citizens and the second which applied to the local inhabitants and aliens. This was considered as a major stumbling block for proper administration by the British government during the times which is now known as the British Raj. In order to improve the law-and-order situation and also to ensure uniformity of legal administration, various options were looked for. Until then the British government had been passing various enactments to deal with particular situations, such as the Prohibition of Sati in (1829) by Lord William Bentinck under the influence of Raja Ram Mohan Roy. However, it was for the first time in (1833) that the idea to establish a Law Commission for a comprehensive examination of the existing legal system prevailing in the British administered areas and its overhaul was instituted.
Pre-Independence Law Commissions of India The first Law Commission was established in 1834 by the British government under the chairmanship of Lord Macaulay. It suggested various enactments to the British government, most of which were passed and enacted and are still in force in India. Few of the most important recommendations made by this first Law Commission were those on the Indian Penal Code (first submitted in 1837 but enacted in 1860 and still in force), Criminal Procedure Code (enacted in 1898, repealed and succeeded by the Criminal Procedure Code of 1973), etc. Thereafter three more Law Commissions were established which made a number of other recommendations the Indian Evidence Act (1872) and Indian Contract Act (1872), etc. being some of the significant ones. The contribution of these Law Commissions can be enumerated as under.
First Pre-Independence Law Commission Second Pre-Independence Law Commission Third Pre-Independence Law Commission Fourth Pre-Independence Law Commission Established Chairman Members (1) J.M. Macleod, (2) G.W. Anderson, and (3) F. Millet (1) Sir Lord Jervis, (2) Sir Edward Ryan, (3) R. Lowe, (4) J.M. Macleod, (5) C.H. Cameron, and (6) T.E. Ellis Initially (1) Sir Edward Ryan, (2) R. Lowe, (3) J.M. Macleod, (4) Sir W. Erle, and (5) Justice Wills. Subsequently, Sir W. Erle, and Justice Wills succeeded by Sir W.M. James and J. Henderson. Later J. Henderson replaced by Justice Lush. (1) Sir Charles Turner, and (2) Raymond West Reports Penal Code (2 May 1837) Code of Civil Procedure and Law of Limitation (1859) A code for Succession and Inheritance for Indians other than Hindus and Muslims (1865) Code of Negotiable Instruments (1881) Lex Loci (role and authority of English law in India) (31 October 1840) Penal Code (1860) Draft Contract Law (1866) Code on Trusts Law (1882) Code of Criminal Procedure (1861) Draft Negotiable Instruments Law (1867) Code on Transfer of Property and Easements (1882) Draft Evidence Law (1868) Revised Code of Criminal Procedure (1882) Revision of Code of Criminal Procedure (1870) Revised Code of Civil Procedure (1882) Draft Transfer of Property Law (1870) Draft Code on Insurance (1871)
A two-member Viceroy's Executive Council (composed of Sir Henry Maine and Sir James Fitzjames Stephen) also worked on the side-lines of the Law Commissions and ensured the passage of the following noteworthy laws;
1863 - Religious Endowments Act 1864 - Official Trustees Act 1865 - Carriers Act 1865 - Parsi Marriage and Divorce Act 1865 - Parsi Intestate Succession Act 1866 - Indian Companies Act 1866 - Native Converts Marriage Dissolution Act 1866 – Trustees Act 1866 – Trustees and Mortgage Powers Act 1867 – Press and Registration of Books Act 1868 – General Clauses Act 1869 – Divorce Act 1870 – Court Fees Act 1870 – Land Acquisition Act 1870 – Female Infanticide Act 1870 – Female Infanticide Prevention Act 1870 – Hindu Wills Act 1872 – Code of Criminal Procedure (revised) 1872 – Indian Contract Act 1872 – Indian Evidence Act 1872 – Special Marriages Act 1872 – Punjab Laws Act
Law Commissions in Independent India The tradition of pursuing law reform through the medium of a law commission was continued in post-independent India. The first law commission in independent India was established in 1955 and since then twenty-two more law commissions have been established. Each of these commissions have been chaired by a prominent legal personality in India and has made a significant contribution to the legal diaspora of India. The contribution of each of these commissions has been enumerated below.
First Law Commission The First Law Commission of independent India was established in 1955. The chairman of this commission was M. C. Setalvad, who was also the first attorney-general of India. The term of this commission was established as three years (which by convention has been followed till date) and this commission submitted its last report on 26 September 1958. The reports submitted by the First Law Commission of India are as under.
Report no. Date of presentation Title of report 1 Liability of the State in Tort 2 Parliamentary Legislation relating to Sales Tax 3 Limitation Act, 1908 4 On the proposal that High Courts should sit in Benches at different places in a State 5 British Statutes Applicable to India 6 Registration Act, 1908 7 Partnership Act, 1932 8 Sale of Goods Act, 1930 9 Specific Relief Act, 1877 10 Law of Acquisition and Requisitioning of Law 11 Negotiable Instruments Act, 1881 12 Income Tax Act, 1922 13 Contract Act, 1872 14 Reform of Judicial Administration
Second Law Commission The Second Law Commission was established in 1958 under the chairmanship of Justice T. V. Venkatarama Aiyar. It stayed in office till 1961. It presented the following reports.
Report no. Presented in Title of report 15 Law relating to Marriage and Divorce amongst Christians in India 16 Official Trustees Act, 1913 17 Report on Trusts Act, 1882 18 Converts' Marriage Dissolution Act, 1866 19 The Administrator-General's Act, 1913 20 The Law of Hire-Purchase 21 Marine Insurance 22 Christian Marriage and Matrimonial Causes Bill, 1961
Third Law Commission The Third Law Commission was established in 1961 under the chairmanship of Justice J. L. Kapur. It stayed in office till 1964. It presented the following reports.
Report no. Presented in Title of report 23 Law of Foreign Marriages 24 The Commission of Inquiry Act, 1952 25 Evidence of Officers about forged stamps, currency notes, etc. Section 509-A Cr.P.C. as proposed 26 Insolvency Laws 27 The Code of Civil Procedure, 1908 28 The Indian Oaths Act, 1873
Fourth Law Commission The Fourth Law Commission was established in 1964 and was again under the chairmanship of Justice J. L. Kapur. It stayed in office till 1968. It presented the following reports.
Report no. Presented in Title of report 29 Proposal to include certain Social and Economic Offences in the Indian Penal Code, 1860 30 Section 5 of the Central Sales Tax Act, 1956, taxation by the States in the course of import 31 Section 30(2) of the Indian Registration Act, 1908 – Extension to Delhi 32 Section 9 of the Code of Criminal Procedure, 1898 33 Section 44 of the Code of Criminal Procedure, 1898 34 Indian Registration Act, 1908 35 Capital Punishment 36 Section 497, 498 and 499 of the Code of Criminal Procedure, 1898 37 The Code of Criminal Procedure, 1898 38 Indian Post Office Act, 1898
Fifth Law Commission The Fifth Law Commission was established in 1968 under the chairmanship of K. V. K. Sundaram. It stayed in office till 1971. It presented the following reports.
Report no. Presented in Title of report 39 Punishment for imprisonment for life under the Indian Penal Code 40 Law relating to attendance of Prisoners in Courts 41 The Code of Criminal Procedure, 1898 42 Indian Penal Code 43 Offences against the National Security 44 The Appellate Jurisdiction of the Supreme Court in Civil Matters
Sixth Law Commission The Sixth Law Commission was established in 1971 under the chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1974. It presented the following reports.
Report no. Presented in Title of report 45 Civil Appeals to the Supreme Court on a Certificate of Fitness 46 The Constitution (Twenty-Fifth Amendment) Bill, 1971 47 The trial and punishment of Social and Economic Offences 48 Some questions under the Code of Criminal Procedure Bill, 1970 49 The proposal for inclusion of agricultural income in the total income 50 The proposal to include persons connected with the Public examination within the definition of 'Public Servant' 51 Compensation of injuries caused by automobiles in hit-and-run cases 52 Estate duty on property acquired after death 53 Effect of the Pensions Act, 1871 on the right to sue for pensions of retired members of public service 54 The Code of Civil Procedure, 1908 55 Rate of Interest after decree and interest on costs under Section 34 and 35 of the Code of Civil Procedure, 1908 56 Statutory Provision as to the Notice of Suit other than Section 80, Civil Procedure Code, 1908 57 Benami Transactions 58 Stature and Jurisdiction of the Higher Judiciary 59 Hindu Marriage Act, 1955 and Special Marriage Act, 1954 60 The General Clauses Act, 1897 61 Certain problems with the power of the States to levy a tax on the sale of goods
Seventh Law Commission The Seventh Law Commission was established in 1974 again under the chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1977. It presented the following reports.
Report no. Presented in Title of report 62 Workmen's Compensation Act, 1923 63 The Interest Act, 1839 64 The Suppression of Immoral Traffic in Women and Girls Act, 1956 65 Recognition of Foreign Divorces 66 Married Women's Property Act, 1874 67 The Indian Stamp Act, 1899 68 The Power of Attorney Act, 1882 69 The Indian Evidence Act, 1872 70 The Transfer of Property Act, 1882
Eighth Law Commission The Eighth Law Commission was established in 1977 under the chairmanship of Justice H. R. Khanna. It stayed in office till 1979. It presented the following reports.