Consider the following statements regarding the Law Commission of Indi...
Law Commission of India
The Law Commission of India is a non-statutory body constituted by the Government of India from time to time. It is entrusted with the task of reviewing and recommending changes to the existing laws of the country. The Commission comprises a Chairman and several members, including legal experts, judges, and academicians. Its main objective is to ensure that the laws in India are relevant, effective, and in line with the changing needs of society.
Statement 1: It is a non-statutory body constituted with a definite terms of reference.
This statement is correct. The Law Commission of India is a non-statutory body, which means that it is not created by an Act of Parliament. Instead, it is constituted by the government through a resolution, and its functioning is governed by the terms of reference provided by the government. These terms of reference define the scope and objectives of the Commission's work and guide its activities.
Statement 2: The first Law Commission of independent India was established under the chairmanship of M. C. Setalvad.
This statement is also correct. The first Law Commission of independent India was established in 1955, two years after the adoption of the Constitution. It was chaired by M. C. Setalvad, who was a prominent lawyer and the first Attorney General of India. The Commission was tasked with the responsibility of studying and making recommendations for the revision and reform of the laws in force in India.
Conclusion
Both the statements given in the question are correct. The Law Commission of India is a non-statutory body constituted with a definite terms of reference, and the first Law Commission of independent India was indeed established under the chairmanship of M. C. Setalvad. The Commission plays a crucial role in the legal and judicial system of the country by providing expert advice and recommendations for the improvement of laws. Its reports and recommendations are considered by the government and often form the basis for legislative reforms.
Consider the following statements regarding the Law Commission of Indi...
The 22nd Law Commission of India led by Justice Ritu Raj Awasthi has recommended that the offence of criminal defamation should be retained in the new criminal laws.
- It is a non-statutory body and is constituted by a notification of the Government of India, Ministry of Law & Justice.
- It is constituted with a definite terms of reference to carry out research in the field of law and the Commission makes recommendations to the Government (in the form of Reports) as per its terms of reference.
- It functions to the Ministry of Law and Justice as an advisory body.
- History of Law Commission of India
- The first pre-independence law commission was established in 1834 by the British Government in India.
- It was established by the Charter Act of 1833 and was chaired by Lord Macaulay.
- The first Law Commission of independent India was established in 1955 under the chairmanship of the former Attorney General for India M. C. Setalvad.
- This Commission was created for a period of three years and this practice has persisted ever since then, resulting in the reconstitution of Law Commissions every three years via executive orders.
- The executive orders that constitute the Law Commissions also specify their scope and purpose, and thus these fluctuate periodically.
- Since then, twenty one more Law Commissions have been constituted, each with a three-year term and with certain terms of reference.
- The Law Commission has taken up various subjects on references made by Department of Legal Affairs, Supreme Court and High Courts.
- The Twenty Second Law Commission has been notified with effect from 21st February, 2020 for a term of 3 years.
Hence both statements are correct.
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