I. INTRODUCTION
Law Commission of India is an Executive Body established by a notification from the Government of India’s Ministry of Law and Justice to carry out research in the field of law for legal research. The 23rd Law Commission of India was constituted for the period 1 September 2024 to 31 August 2027. The tenure of the Law Commission is fixed for 3 years and the new commission is appointed after 3 years by the Union Government. It works as an Advisory Body to the Ministry of Law and Justice.
II. MOTO OF LAW COMMISSION
The motto of Law Commission of India is “Reforming the Law for maximising Justice in Society and promoting good governance under the Rule of Law”
III. OBJECTIVES OF LAW COMMISSION
● To review/examine the existing laws.
● To identify laws which are no longer relevant and recommend for the repeal of obsolete and unnecessary laws.
● To suggest enactment of new legislations as may be necessary to implement the Directive Principles of State Policy and to attain the objectives set out in the Preamble of the Constitution.
● To undertake research in law and review of existing laws for making reforms therein.
● To revise the Central Acts of general importance so as to simplify them and remove anomalies, ambiguities and inequities.
● The Law Commission undertakes studies and research for bringing reforms in Justice delivery systems, speedy disposal of cases, reduction in cost of litigation, etc.
● Review and enhance the Judicial Administration to make it more responsive and efficient.
IV. 1st LAW COMMISSION
● The 1st Law Commission of India was established in 1834 by the Charter Act of 1833 under the Chairmanship of Lord Macaulay.
● The 1st Law commission of Independent India was established in 1955 for a 3 year tenure under the chairmanship of Mr. M. C. Setalvad.
V. COMPOSITION OF LAW COMMISSION
● One full time chairperson
● Four full time members (including member-secretary)
● Secretary law (Ex officio Member)
● Secretary Legislature ( Ex officio Member)
● Maximum five part time members
VI. CONTRIBUTION
The Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference. The various Law Commissions have so far submitted 289 reports. They have been able to make important contributions towards the progressive development and codification of various laws in the Country.
Important Reports: Some of the important reports are:
- Report No. 283 (September, 2023): Age of Consent Under The Protection of Children From Sexual Offences Act, 2012.
- Report No. 271 (July 2017): Human DNA Profiling.
- Report No. 273 (October 2017): Implementation of the United Nations Convention against Torture.
- Report No. 274 (April 2018): Review of the Contempt of Courts Act, 1971
VII. RECENT RECOMMENDATIONS OF LAW COMMISSION
● Law Commission Report No. 283 (2023) - The Law Commission recommended retaining the consent age at 18 years under the POCSO Act. However, it proposed giving Special Courts limited discretion to impose a sentence below the statutory minimum in genuine, non-exploitative consensual relationships involving adolescents aged 16–18 years, after considering factors such as tacit approval, a small age gap, and the accused’s conduct. It also recommended greater awareness and age-appropriate sex education to protect children.
● Abolition of death penalty for all Crimes except terrorism related offences and waging war against the State.
● Simultaneous Lok Sabha and State Legislative Assembly elections to improve governance and political stability.
● Clear and stringent Law against hate speeches.
● The BCCI (Board of Control for Cricket in India) should be brought under RTI act.
● Retaining the usage of the Law of Sedition.
● Amendment in Section 154 of The Code of Criminal Procedure, 1973 for enabling online Registration of FIR.
● Revisiting the Law on Prevention of Damage to Public Property.
● Retaining the Law on Criminal Defamation.
● Law on Matrimonial Issues relating to Non-Resident Indians and Overseas Citizens of India
VIII. MISCELLANEOUS
● Shri M C Setalvad also served as 1st Attorney General of Independent India.
● There is no plan of making the Law Commission of India a statutory body.
● Shri Bhim Rao Ambedkar was 1st Law Minister of Independent India.
● The 23rd Law Commission is tasked with identifying obsolete laws and recommending which of those need to be repealed or amended.
● It will also examine the laws which affect the poor and carry out post enactment-audit for socio-economic legislations.
● Examine the existing laws with a view for promoting gender equality and suggesting amendments thereto.
● Revise the Central Acts of general importance so as to simplify them and to remove anomalies, ambiguities and inequities.
CURRENT EVENTS
● Till date, 23 Law Commissions have been formed.
● The Chairperson of 22nd Law commission of India was Justice (retd) Rituraj Awasthi.
● Arjun Ram Meghwal is the current Union Minister of State (Law and Justice) Independent Charge. Former Supreme Court Judge Dinesh Maheshwari has been appointed as the chairperson of 23rd Law Commission of India.
In Conclusion- The mandate of the 23rd Law Commission to identify and repeal obsolete laws, promote gender equality and simplify key legislations is in consonance with the PM Modi government’s vision of “minimum government, maximum governance”. This aims at streamlining bureaucracy, removing redundant compliances and leveraging technology to speed up government processes and enhance transparency. The larger objective is to create a leaner, efficient legal framework that empowers citizens, fosters trust and ensures inclusive development, translating the government’s reformist agenda into tangible improvements in governance and justice delivery.
Note- The Supreme Court in State of Uttar Pradesh Vs. Anurudh (2026) observed that the POCSO Act is often invoked against adolescents in genuine consensual relationships and suggested that Parliament consider introducing a “Romeo-Juliet clause” to protect such cases from harsh criminal prosecution. This aligns with the Law Commission’s Report No. 283 (2023), which retained the age of consent at 18 years but recommended judicial discretion in sentencing for non-exploitative consensual relationships involving adolescents aged 16-18 years.
The 21st Law Commission (2018) stated that a Uniform Civil Code (UCC) was neither necessary nor desirable at this stage. It recommended reforming existing personal laws to ensure gender justice and equality instead of introducing a common civil code for all citizens.