About Law Commission
- Law Commission of India is not a constitutional body or a statutory body.
- It is just an ad hoc and advisory body established by an order of the central government whose work is to make recommendations for law reforms such as amendments and updations of prevalent and inherited laws.
- None of these recommendations are binding upon the Government.
Who will head the of Law Commission?
- It is completely at the discretion of the Government.
- However, it is a convention that a retired judge of Supreme Court heads India’s Law Commission. Further, the States also can constitute their own law commissions.
Composition of Law Commission
- The Commission is headed by a full-time Chairperson. It membership primarily comprises legal experts, who are entrusted a mandate by the Government. For example, the 21st Law commission would be comprised of:
- A full-time Chairperson.
- Four full-time Members (including a Member-Secretary).
- Secretary, Department of Legal Affairs as ex offcio Member.
- Secretary, Legislative Department as ex offcio Member.
- Not more than five part-time Members.
- The Commission is established for a fixed tenure (generally three years) and works as an advisory body to the Ministry of Law and Justice.
- Before finalising its recommendations, the Commission needs to consult the law ministry.
- Law Commission works in close co-ordination and under the general instruction of Ministry of Law and Justice. It generally acts as the initiation point for law reform in the country. Internally, the Law Commission works in a research-oriented manner.