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Blog / 25 Feb 2020

(Daily News Scan - DNS English) 22nd Law Commission

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(Daily News Scan - DNS English) 22nd Law Commission


The Union Cabinet has recently approved the formation of 22nd Law Commission. This commission advises the government on complicated legal issues. The 22nd Law Commission will be constituted for a period of three years. The panel has legal and judiciary experts, acting as an advisory body to The Ministry of Law and Justice.

In this DNS we will know about 22nd Law Commission of India, its role and functions.

The Law Commission is an executive body established by the order of the Government of India. The major work of this commission is legal reform. The Commission is established for a fixed time period. It works as an advisory body to the Ministry of Law and Justice. The tenure of the last i.e. the 21st Commission ended in August which was headed by Justice B.S Chauhan.

The first Law Commission of independent India was established in 1955. Since then 21 more commissions have been established. The first Law Commission prior to Independence was established during the British Era in 1834.

The Commission comprises of legal and judicial experts. It comprises of a Chairperson and other members. The regular staff of this Commission consists of a bunch of research personnel of different ranks and varied experiences. The major work that the Commission does is research in law, reviewing the existing Laws in the country and also suggests the amendments. The Commission also acts an advisory body to the Central government. It plays a crucial role in ensuring public interest and helps in formulating strong public policies.

The 22nd Law Commission panel will have a full time Chairperson and 4 full time members including a member secretary. Law and legislative secretaries in law ministry will be the ex officio members of the Commission. It will also comprise of not more than 5 part time members. A retired Supreme Court judge or Chief Justice of High court will head the Commission. The law commission will identify the laws no longer needed or the one’s which are not relevant. It will further examine existing laws in the light of Directive Principles of State Policy and suggest and suggest ways of improvement and reform them. It shall suggest necessary legislations to implement Directive Principles. Moreover the commission will also convey to the government its views on any subject related to law and the judicial administration that may be referred to it specifically by the government through the Ministry of Law and Justice. The Commission shall also consider request to provide research to any foreign country when referred by the government. The Law commission shall take all necessary measures to harness law and legal process in service of the poor. Before finalizing the recommendation, the commission shall consult the nodal ministry or departments and other stake holders.

Various law commissions have made significant recommendations. The 20th Law Commission of India looked at Electoral Disqualifications. In Report 255 on Electoral Reforms, the 20th Law commission suggested some methods to make the system more effective. These measures touched diverse topics like Election Finance, Regulation of Political parties and Inner party democracy, Anti Defection Law in India, opinion polls, and Paid News and Political Advertisements. The 20th Law Commission in its 262nd report made a recommendation to abolish the death penalty. The death penalty shall be abolished except in cases of war or terror. The 21st Law Commission prepared 271st report on Human DNA Profiling. A draft bill for the use and regulation of DNA based technology.