Context
The Indian government has officially constituted the 23rd Law Commission, marking a significant step in the ongoing efforts to reform the legal framework of the country. This new commission will operate for a three-year term, from September 1, 2024, to August 31, 2027, following the conclusion of the 22nd Law Commission’s term.
Formation of the 23rd Law Commission
- The future of the Law Commission was uncertain and it came up again on September 2, 2024 when the Government created the 23 rd Law Commission The President of India Droupadi Murmu sanctioned the creation of this Commission. It will have a full time chairperson, four full time members, out of which one will be a Member-secretary and the rest shall be ex-officio and/or part-time members. The Secretary of the Department of Legal Affairs will be an ex-officio member together with the Secretary of the Legislative Department and the commission may have up to 5 part-time members.
- The 23rd Law Commission will be chaired by a serving judge, with four full-time members, including a member-secretary, and ex-officio members from the Department of Legal Affairs and Legislative Department. Additionally, part-time members will contribute diverse perspectives to legal discussions.
Objectives of the 23rd Law Commission
The scope of work of the 23rd Law Commission of India is to study and suggest modifications which can be made in the existing laws for the betterment of the Indian legal framework. The commission’s terms of reference include a vast list of problems, and all of them show the multi-faceted character of the obstacles for the legal framework in India.
- Review and Repeal of Obsolete Laws: The work of the commission will entail the need to first of all review those laws that have become redundant and advise on their repeal. This involves:
- Identifying Obsolete Laws: It will also gather a list of the laws that need to be repealed and make the proposals towards repeal of such laws.
- Standard Operating Procedures: This will create a mechanism for the periodic review of all existing laws with the view of harmonizing legal reforms and also eliminating complicated legal language and procedures.
- Amendments for Modern Needs: The commission will recommend changes in the existing laws which need to be reviewed in order to reflect the existing economic and social setting.
- Expert Group Consultations: Consultations with the professional associations, society and other relevant ministries will become crucial in attaining the legal coordination which is required for single ministry and multi-ministry legislation.
- Citizen Grievance Redressal: The commission will recommend actions that can be taken to fast track the decisions of the legal system in relation to the citizens’ concerns.
- Law and Poverty: The commission will investigate how the current legislations affect the poor and will recommend ways on how to use the legal systems to benefit the poor. This includes:
- Post-Enactment Audits: Carrying out reviews of the socio-economic legislation in a bid to determine how effective the legislation is in the fight for poverty.
- Legal Accessibility: Ensuring legal services derived from the courts are available to vulnerable groups of the society.
- Judicial Administration: In order to strengthen the activities of the commission, the work in the following areas will be continued:
- Reducing Delays: The challenges which took some more time in identifying were a number of bottlenecks retarding the flow of cases and hence the delivery of justice.
- Simplifying Court Processes: The work includes the simplification of the court process and the coordination of rules between different High Courts.
- Case Management Frameworks: Enhancing methods that can be applied to caseload to increase general judicial productivity.
- Directive Principles and Constitutional Objectives: The commission will examine the existing laws in the light of the Directive principles of state policy: and make recommendations to the government for their reform or enactment of new laws which will be in consonance with the constitutional provisions.
- Gender Equality: Gender equality shall also be featured strongly where the commission has the responsibility of revisiting most of the laws of the country and coming up with ways on how women’s rights shall be made more secure.
- Revision of Central Acts: The commission will take up the exercise of recasting of major Central Acts to remove complexities in language, to remove or rectify any perceived or real injustice or legal loophole.
- Government References: In addition to that, the commission will be given specific issues of the government in regards to law and judiciary and make recommendations that can be substantiated.
- International Research Assistance: Whenever required the commission will have the task of offering research help to other foreign countries thus promoting international legal relations.
- Globalization Impact: The commission will analyse the impact of globalisation thereby proposing strategies for how vulnerable groups like the hungry and unemployed will be protected on issues like food and job insecurity respectively.
Conclusion
The constitution of the 23rd Law Commission represents a critical step towards reforming the Indian legal system. With its comprehensive mandate and focus on contemporary issues, the commission is poised to make significant contributions to legal reform in India. As it embarks on its three-year term, the commission’s work will be closely watched by legal experts, policymakers, and the public alike, all of whom have a vested interest in the evolution of India’s legal landscape.
Source: ET