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Law Commission of India
Motto	Reforming the Law For Maximising Justice in Society and Promoting Good Governance under the Rule of Law
Formation	First 1834; Current 2006-09-01
Type	Agency of Government of India
Legal status	Ad hoc, term based
Purpose/focus	Law Reform in India
Location	New Delhi
Membership	3 permanent and others
Chairman	Justice A. R. Lakshmanan
Website	www.lawcommissionofindia.nic.in

Law Commission of India is an executive body established by an order of the Government of India. Its purpose is primarily to work for legal reform as entrusted to it by the Government or suo motu as it may deem fit. The Law Commission is an ad hoc body comprising primarily of legal experts entrusted with a particular mandate by the Government and for a fixed tenure. It was first established during the British regime in 1834 by the Charter Act of 1833. After that three more Commissions were established in pre-independent India. After the independence of India in 1947, the First Law Commission was established in 1955 for a three year term. Since then seventeen more Commissions have been established and the current Law Commission, established on 2006-09-01 is the Eighteenth Law Commission of India whose tenure has been fixed till 2009-08-31. The current Chairman of the Law Commission is Justice A. R. Lakshmanan who is a Former Judge of the Supreme Court of India. Other than him, the current Law Commission has two more full-time members.

Contents 1 Evolution of Law Commission in India 2 Pre-Independence Law Commissions of India 3 Law Commissions in Independent India 3.1 First Law Commission 3.2 Second Law Commission 3.3 Third Law Commission 3.4 Fourth Law Commission 3.5 Fifth Law Commission 3.6 Sixth Law Commission 3.7 Seventh Law Commission 3.8 Eighth Law Commission 3.9 Ninth Law Commission 3.10 Tenth Law Commission 3.11 Eleventh Law Commission 3.12 Twelfth Law Commission 3.13 Thirteenth Law Commission 3.14 Fourteenth Law Commission 3.15 Fifteenth Law Commission 3.16 Sixteenth Law Commission 3.17 Seventeenth Law Commission 4 Eighteenth Law Commission 5 Working of the Law Commission 6 Role of Law Commission in Legal Reform in India 7 Notes 8 References 9 See also 10 External Links

[edit] Evolution of Law Commission in India

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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. ^[1] 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 ^[2]). 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.

[edit] Pre-Independence Law Commissions of India

The First Law Commission was established in 1834 by the British Government under the Chairmanship of Lord Macaulay. ^[3] 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 importance recommendations made by this First Law Commission were those on, 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	Forth Pre-Independence Law Commission
Established	1834	1853	1861	1879
Chairman	Lord Macaulay [3]	Sir John Romilly [4]	Sir John Romilly [4]	Dr. Whitney Stokes [5]
Members [4]	(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 succeed by Sir. W.M. James and J. Henderson. Later J. Henderson replaced by Justice Lush.	(1) Sir Charles Turner, and (2) Raymond West
Reports [4] [6] [7]	Penal Code (1837-05-02)	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) (1840-10-31)	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 (comprising 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; ^[8]

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

[edit] Law Commissions in Independent India

The tradition of pursing 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 seventeen 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 the each of these Commissions has been enumerated below.

[edit] First Law Commission

The first Law Commission of independent India was established in 1955. The Chairman of this Commission was Mr. M.C. Setalvad, who was also the First Attorney General of India. The term of this Commission was established as three years (which my convention has been followed till date) and this Commission submitted its last report on 1958-09-16. The reports submitted by the First Law Commission of India are as under ^[9];

Report No.	Date of Presentation	Title of Report
1	1956-05-11	Liability of the State in Tort
2	1956-07-02	Parliamentary Legislation relating to Sales Tax
3	1956-07-21	Limitation Act, 1908
4	1956-08-01	On the proposal that High Courts should sit in Benches at different places in a State
5	1957-05-11	British Statutes Applicable to India
6	1957-07-13	Registration Act, 1908
7	1957-07-13	Partnership Act, 1932
8	1958-03-01	Sale of Goods Act, 1930
9	1958-07-19	Specific Relief Act, 1877
10	1958-09-26	Law of Acquisition and Requisitioning of Law
11	1958-09-26	Negotiable Instruments Act, 1881
12	1958-09-26	Income Tax Act, 1922
13	1958-09-26	Contract Act, 1872
14	1958-09-16	Reform of Judicial Administration

[edit] 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. ^[10] It presented the following reports ^[11];

Report No.	Date of Presentation	Title of Report
15	1960	Law relating to Marriage and Divorce amongst Christians in India
16	1960	Official Trustees Act, 1913
17	1961	Report on Trusts Act, 1882
18	1961	Converts’ Marriage Dissolution Act, 1866
19	1961	The Administrator-General's Act, 1913
20	1961	The Law of Hire-Purchase
21	1961	Marine Insurance
22	1961	Christian Marriage and Matrimonial Causes Bill,1961

[edit] 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. ^[10] It presented the following reports ^[12];

Report No.	Date of Presentation	Title of Report
23	1962	Law of Foreign Marriages
24	1962	The Commission of Inquiry Act, 1952
25	1963	Evidence of Officers about forged stamps, currency notes, etc. Section 509-A Cr.P.C. as proposed
26	1964	Insolvency Laws
27	1964	The Code of Civil Procedure, 1908
28	1964	The Indian Oaths Act, 1873

[edit] 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. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] Fifth Law Commission

The Fifth Law Commission was established in 1968 under the Chairmanship of Mr. K. V. K. Sundaram. It stayed in office till 1971. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] Sixth Law Commission

The Sixth Law Commission was established in 1971 under the Chairmanship of Justice P. B. Gajendragadkar. It stayed in office till 1979. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] 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. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] 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. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] Ninth Law Commission

The Ninth Law Commission was established in 1979 under the Chairmanship of Justice P. V. Dixit. It stayed in office till 1980. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] Tenth Law Commission

The Tenth Law Commission was established in 1981 under the Chairmanship of Justice K. K. Mathew. It stayed in office till 1985. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] Eleventh Law Commission

The Eleventh Law Commission was established in 1985 under the Chairmanship of Justice D. A. Desai. It stayed in office till 1988. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] Twelfth Law Commission

The Twelfth Law Commission was established in 1988 under the Chairmanship of Justice M. P. Thakkar. It stayed in office till 1989. ^[10] It presented the following reports;

Report No.	Date of Presentation	Title of Report
1	-----

[edit] Thirteenth Law Commission

The Thirteenth Law Commission was established in 1991 under the Chairmanship of Justice K. N. Singh. It stayed in office till 1994. ^[10] It presented the following reports ^[13];

Report No.	Date of Presentation	Title of Report
144	1992	Conflicting Judicial decisions pertaining to the Code of Civil Procedure, 1908
145	1992	Article 12 of the Constitution and Public Sector Undertakings
146	1993	Sale of Women and Children: Proposed Section 373-A, Indian Penal Code
147	1993	The Specific Relief Act, 1963
148	1993	Repeal of Certain pre-1947 Central Acts
149	1994	Removal of certain deficiencies in the Motor Vehicles Act, 1988 (Act No. 59 of 1988)
150	1994	Suggesting some Amendments to the Code of Civil Procedure (Act No. V of 1908)
151	1994	Admiralty Jurisdiction
152	1994	Custodial Crimes
153	1994	Inter-Country Adoption

[edit] Fourteenth Law Commission

The Fourteenth Law Commission was established in 1995 under the Chairmanship of Justice K. Jayachandra Reddy. It stayed in office till 1997. ^[10] It presented the following reports ^[14];

Report No.	Date of Presentation	Title of Report
154	1996	The Code of Criminal Procedure, 1973 (Act No. 2 of 1974)
155	1997	The Narcotics Drugs and Psychotropic Substances Act, 1985(Act No. 61 of 1985)
156	1997	The Indian Penal Code

[edit] Fifteenth Law Commission

The Fifteenth Law Commission was established in 1997 under the Chairmanship of Justice B. P. Jeevan Reddy. It stayed in office till 2000. ^[10] It presented the following reports ^[15];

Report No.	Date of Presentation	Title of Report
157	1998	Section 52:Transfer of Property Act, 1882 and its Amendment
158	1998	The Amendment of the Industries (Development and Regulation) Act, 1951
159	1998	Repeal and Amendment of Laws: Part I
160	1998	Amendment to the All India Council for Technical Education Act, 1987 (Act No. 52 of 1987)
161	1998	Central Vigilance Commission and Allied Bodies
162	1998	Review of functioning of Central Administrative Tribunal, Customs, Excise and Gold (Control) Appellate Tribunal and Income-Tax Appellate Tribunal
163	1998	The Code of Civil Procedure (Amendment) Bill, 1997
164	1998	The Indian Divorce Act, 1869 (Act IV of 1869)
165	1998	Free and Compulsory Education for Children
166	1999	The Corrupt Public Servants (forfeiture of property) Bill
167	1999	The Patents (Amendment) Bill, 1998
168	1999	The Hire-Purchase Act,1972
169	1999	Amendment of Army, Navy and Air Force Act
170	1999	Reform of Electoral Laws
171	2000	The Biodiversity Bill, 2000
172	2000	Review of Rape Laws
173	2000	Prevention of Terrorism Bill, 2000
174	2000	Property Rights of Women: Proposed Reforms Under the Hindu Law

[edit] Sixteenth Law Commission

The Sixteenth Law Commission was established in 2000. For the period till 2001 Justice B. P. Jeevan Reddy continued as the Chairman of the Commission while in the period between 2002 to 2003 the Commission worked under the Chairmanship of Justice M. Jagannadha Rao.^[10] It presented the following reports ^[16];

Report No.	Date of Presentation	Title of Report
175	2000	The Foreigners (Amendment) Bill, 2000
176	2001	The Arbitration and conciliation (Amendment) Bill, 2002
177	2001	Law Relating to Arrest
178	2001	Recommendations for amending various enactments, both civil and criminal
179	2001	Public Interest Disclosure and Protection of Informers
180	2002	Article 20 (3) of the Constitution of India and Right to Silence
181	2002	Amendment to Section 106 of the Transfer of Property Act, 1882
182	2002	Amendment of Section 6 of the Land Acquisition Act, 1894
183	2002	A Continuum on the General Clauses Act, 1897 with special reference to the admissibility and codification of external aids to interpretation of statutes
184	2002	Legal Education & Professional Training and Proposals for amendments to the Advocates Act, 1961 and the University Grants Commission Act, 1956
185	2003	Review of the Indian Evidence Act, 1872

[edit] Seventeenth Law Commission

The Seventeenth Law Commission was established in 2003 and continued to be under the Chairmanship of Justice M. Jagannadha Rao. It stayed in office till 2006. ^[10] It presented the following reports ^[17];

Report No.	Date of Presentation	Title of Report
186	2003	Proposal to Constitute Environment Courts
187	2003	Mode of Execution of Death Sentence and Incidental Matters
188	2003	The Proposals for Constitution of Hi-Tech Fast - Track Commercial Divisions in High Courts
189	2004	Revision of Court Fees Structure
190	2004	The Revision of the Insurance Act, 1938 and the Insurance Regulatory and Development Authority Act, 1999
191	2004	Regulation of Funds collected for Calamity Relief.
192	2005	Prevention of vexatious Litigation
193	2005	Transnational Litigation, Conflict of Laws, Law of Limitation
194	2005	Verification of Stamp Duties and Registration of Arbitral Awards
195	2006	The Judges (Inquiry) Bill, 2005
196	2006	Medical Treatment to Terminally Ill Patients (Protection of Patients and Medical Practitioners)
197	2006	Public Procecutor's Appointments
198	2006	Witness Identity Protection and Witness Protection Programmes
199	2006	Unfair (Procedural and Substancive) Terms in Contracts
200	2006	Trial by Media : Free Speech Vs. Fair Trial Under Criminal Procedure (Amendments to the Contempt of Court Act, 1971)
201	2006	Medical Treatment after Accidents and During Emergency Medical Condition and Women in Labour

[edit] Eighteenth Law Commission

The Eighteenth Law Commission is the incumbent Law Commission of India. It was constituted on 2006-09-01. Justice M. Jagannadha Rao continued to serve as it Chairman until 2008-05-28 on which date Justice A. R. Lakshmanan was appointed as the Chairman of the Commission. Its tenure has been fixed till 2009-08-31. Other than the Chairman, it has two other permanent members; (i) Prof. Dr. Tahir Mahmood, and (ii) Dr. D.P. Sharma. Dr. Sharma is also the Secretary to the Eighteenth Commission and holds the rank of Secretary to the Government of India. The Commission has been empowered to employ the services of part-time Members or other academicians which it would deem proper for its working. It was entrusted with a nine-point Terms of Reference. These relate to; ^[18]

1. Review and Repeal of obsolete laws;
2. Law and poverty;
3. Review of judicial administration system;
4. Propose legislation implementing Directive Principles of State Policy;
5. Review legislation to promote gender equality;
6. Simplification of existing laws;
7. Updating existing laws;
8. Recommend on other areas it deems proper; and
9. Provide research to foreign countries upon request by Ministry.

As of now it presented the following reports;

Report No.	Date of Presentation	Title of Report
202	2007	Proposal to Amend Section 304-B of the Indian Penal Code
203	2007	Section 438 of the Code of Criminal Procedure, 1973 as Amended by the Code of Criminal Procedure (Amendment) Act, 2005 (Anticipatory Bail)
204	2007	Proposal to Amend the Hindu Succession Act, 1956 as amended by Act 39 of 2005.
205	2007	Proposal to Amend the Prohibition of Child Marriage Act, 2006 and other allied Laws.

[edit] Working of the Law Commission

^[19]

The Commission reviews judicial administration to ensure that it is responsive so that delays are eliminated, arrears are cleared and disposal of cases is quick and cost-effective without sacrificing the cardinal principle that they are just and fair. The Commission seeks to simplify procedure to curb delays and improve standards of justice. It also strives to promote an accountable and citizen-friendly government which is transparent and ensures the people's right to information.

— Lalit Sethi, PIB , ^[19]

The Law Commission works in close co-ordination with the Ministry of Law and Justice which in turn forwards them to other relevant Ministries in the Government of India and discusses upon their relevance and implementation. When the proposals are cleared by the various Ministries and approved by the Cabinet, the Ministry of Law and Justice goes for drafting of the implementing legislation or follows the draft submitted by the Law Commission (which usually is the case) and presents the same for approval before the Parliament. In this manner the Law Commission of India is in essence the starting point of law reform in India.

Internally, the Law Commission works in a research-oriented manner. Employing a number of research analysts (and even law students from 2007 ^[20] ),

[edit] Role of Law Commission in Legal Reform in India

Law Commission of India, though an ad hoc body, has been a key instrumentality in the process of law reform in India. Its role has not only been advisory but also critical of the government policies and has been recognized by the Supreme Court of India 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. The fact that the Chairman of the Law Commission is generally a retired Judge of the Supreme Court has only helped the prominence of the Commission.

[edit] Notes

[edit] References

1. Jain, M.P. (1984). Outlines of Indian Legal History. Bombay: N.M. Tripathi.  ASIN : B0000CQY04
2. Mishra, Shree Govind (1993). The legal history of India, 1600-1990. New Delhi: Uppal Pub. House. ISBN 81-85565-21-X. 
3. Char, S. V., Desika (1983). Readings in the constitutional history of India, 1757-1947. Delhi: Oxford. ISBN 0-19-561264-7. 
4. Eugen Lang, Maurice. Codification In The British Empire And America. Lawbook Exchange, 78-92. ISBN 978-1-58477-620-8. 
5. Riddick, John A. (2006). The history of British India: a chronology. Westport, Conn.: Praeger. ISBN 0-313-32280-5. 
6. Bryce, James Y.. Studies in history and jurisprudence: Volume 1. Adamant Media Corporation, 121. ISBN 1-4021-9046-8. 
7. Derrett, J. Duncan M. (1973). Handbuch der Orientalistik (History of Indian Law (Dharmasastra)). Leiden: Brill. ISBN 90-04-03740-3. 

[edit] See also

• Law Commission
• Ministry of Law and Justice (India)
• Supreme Court of India
• Law reform
• Legal Education in India
• Autonomous law schools in India
• Common Law Admission Test
• List of law schools in India

[edit] External Links

• Official Website of the Law Commission of India
• Reports of Law Commission of India 1-50
• Reports of Law Commission of India 51-100
• Reports of Law Commission of India 101-169
• Reports of Law Commission of India 170-195
• How does Law Commission function?
• Interview of Current Chairman of Law Commission
• Ministry of Law and Justice (India)
• Law Commissions of other countries

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