What is the Law Commission?
Many people believe that India’s legal commission is a constitutional body or at least a statutory body. However, this is actually far from the truth. The Law Commission of India is the executive body established by order of the Government of India. The main function of the legal committee is to actually work to reform the law.
Real commissions are set for a fixed term. This agency acts as an advisory body to the Ministry of Justice and Law. Some legal experts are members of the law committee.
How was the legal committee established? To answer this question, one must delve deeper into its history.
History of the Law Commission in India
The past three centuries in India have seen not one but many legal reforms. There was a time when customary and religious law prevailed across the country. During this time, the reform process was not yet institutionalized by legally established law reform agencies.
Since the late 19th century, the government has repeatedly established law committees and given them the power to propose legislative reforms to clarify, systematize and strengthen specific branches of law in the event that the Government feels that found necessary.
It was in 1834 that the first law commission was established under the Charter Act of 1833. The act was chaired by Lord Macaulay. The Act aims to codify the Criminal Procedure Code and the Penal Code.
Next, finally, the Second, Third and Fourth Law Commissions were established in 1853, 1861 and 1879 respectively. These Acts have, over the course of 50 years, contributed significantly to enrichment. added the Book of Statutes of India with a series of laws in the style of English Law, adapted to Indian conditions.
The Indian Civil Procedure Code, the Transfer of Property Act, the Indian Evidence Act and the Indian Contract Act are actually the result of the first four Law Commissions of India.
Functions of the Law Committee
A reference document issued by the Central Government, called suo-moto, led the Law Commission to conduct a review of the existing laws in the country in order to carry out reforms and enact new laws.
The Law Commission also conducts research aimed at bringing about reforms in the judicial distribution system, helping to expedite the resolution of cases, reduce litigation costs, etc.
Another function the law commission performs is to assist in the repeal of obsolete laws. The law committee helps to announce laws that are really unnecessary or outdated and then proclaims that those laws should be repealed in a timely manner.
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Source: pagasa.edu.vn