GUJARAT NATIONAL LAW UNIVERSITY

A project work on Legal Methods

Topic- LAW COMMISSION OF INDIA: ROLE AND SIGNIFICANCE

Under the guidance of:

Professor Dr. NIDHI HRIDAY BUCH

Semester 1
BATCH: 2020-25
BY: AYUSHI KUMARI
REGISTRATION NO. – 20BSL002
 ACKNOWLEDGEMENT

First and foremost, praises and thanks to the God, the Almighty, for his showers of blessings
throughout my research work for this Project to complete it successfully.
I would like to express my deep and sincere gratitude to my project supervisor Dr. NIDHI
HRIDAY BUCH, Professor and Head, Centre for Intellectual Property Rights, Gujarat
National Law University, for giving me the opportunity to research for this project and
providing invaluable guidance throughout this project. Her sincerity and motivation have
deeply inspired me. She taught me the methodology to carry out the research work required for
this project besides presenting the work as clearly as possible. I am extremely thankful and
beholden for what she has offered me. It was a great privilege and honour to work under her
guidance .
 TABLE OF CONTENTS

INTRODUCTION...................................................................................................... 4

- How Law Commission evolved..................................................................... 4

- History of Law Commission of India.............................................................. 4

- Composition, Power and function................................................................... 5

- 22nd Law Commission of India....................................................................... 5

ROLE OF LAW COMMISSION IN REFORMING THE LAW.............................. 6

- Delay in Justice delivery system.................................................................... 8

- High arrears of cases in the Indian Courts...................................................... 8

- Need for reformation in the Criminal Justice System.................................... 9

SIGNIFICANCE OF LAW COMMISSION OF INDIA........................................... 10

- Introduction of fast Track Courts................................................................... 10

- Speedy filling up of vacancies in the Supreme Court.................................... 10

CONCLUSION.......................................................................................................... 11

BIBLIOGRAPHY...................................................................................................... 12-13
 LAW COMMISSION OF INDIA: ROLE AND SIGNIFICANCE

INTRODUCTION
The Law commission of India is a non-statutory body 1 constituted by the Government of India
every three years. It has no specific definition as per the Indian Constitution but it can be seen
as a way of implementing Article 39A 2 of Indian Constitution which directs the State to ensure
operation of legal system which promotes justice and is for public interest.

How Law Commission evolved

During the British Raj the authorities practiced two sets of Law in the nation: First being the
local laws and Second being the laws introduced by the Britishers. The local laws evolved from
old customs and traditions and the British laws evolved with the ideology of increasing power
and control in the areas under British rule. The two different sets of rules and regulations led
to no uniformity in laws which many a times became contradictory to each other and it started
creating a setback for the Britishers to run a proper and smooth administration. Due to this
reason, to enhance the uniformity in laws, setting up of a commission was decided. Thus, in
1834 a Law Commission was established through the Charter of 1833 headed by Lord
Macaulay.
History of the Law Commission of India
Suggestions in and outside the Parliament for the appointment of a Law Commission were
being made ever since Independence. On 2nd December 1947 first resolution (post-
independence) recommending the establishment of a Statutory Law Revision Committee to
clarify and settle questions of law requiring elucidation was moved by 3Dr. Sir Hari Singh Gour
in the Constituent Assembly. But the resolution was withdrawn and instead an assurance was
given by the then Law Minister Dr. B.R. Ambedkar that Government would work out some
other suitable machinery for revising laws and he came up with the idea of setting up a
permanent Commission which would be entrusted solely with the work of revising and
codifying laws.
Finally, on 26th July 1954 the All-India Congress Committee resolved that
“4a Law Commission should be appointed as in England to revise the laws promulgated
nearly a century back by the Law Commission of Macaulay and to advise on current
legislation from time to time”.
It was on 19th November 1954 that a non-official resolution was moved in the Lok Sabha
which is considered as the source of the present Law Commission. The primary purpose of this
resolution was “ 5to realise that justice is simple, speedy, cheap, effective and substantial”
Instead of merely revision and codification of laws by the law commission , it was felt that it

1
Press Information Bureau (Government of India), pib.gov.in/PressReleasePage.aspx?PRID=1603640 (last
visited Jan. 4, 2021).
2
INDIA CONSTI. art. 39 § A.
3
Law Commission of India, https://lawcommissionofindia.nic.in/1-50/report14vol1.pdf (last visited Jan 6,
2021) (herein after referred as “Commission”).
4
Id. para 4 at 1.
5
Id. para 2 line 5 at 2. Page | 4
would not serve the purpose, hence, the ambit of Law Commission was widened to the extent
that it was needed to carefully examine the problem of proper functioning of the machinery of
the courts.
The first post-independence Law Commission of India was established in 1955 and was headed
by Mr. M.C. Setalvad. The terms of reference to the Commission were6: First, to review the
system of judicial administration and Second to examine the Central Acts of general application
and importance. It gave its last report in 1958 and hence lasted for three years which is termed
as usual tenure of a Law Commission.

Composition, power and function (of first Law Commission of India, 1955)
For the expeditious and efficient work, the second Law Commission or the first Law
Commission post-independence was to function in two sections: The first section was entrusted
to look into the question of reformation of judicial administration consisting of the Chairman
and the first three members. While, the second section was to deal with statute law revision
consisting of other seven members.

22nd Law Commission of India

Since, independence there have been twenty-two (22) Law Commissions formed by the
Government of India, the 22nd Law Commission being the last one set up in Feb 2020 for
7three-year term headed by an 8retired Supreme Court judge or Chief Justice of a High Court

besides following 9members:

a. four full-time Members (including Member-Secretary)
b. Secretary, Department of Legal Affairs as ex-officio Member;
c. Secretary, Legislative Department as ex officio Member; and
d. not more than five part-time Members.
Generally, the law commission consists of:
10A
full time Chairman, four full-time Members (including Member-Secretary), two Ex-officio
Members and five part-time Members.
The 11names of Chairman who have presided over the Law Commission are as mentioned
below

6
Id. note 3 at 3.
7
Id. para 1 at 1.
8
The Hindu, www.thehindu.com (last visited Jan. 4, 2021).
9
Id. para 8 at 1.
10
Law Commission of India , https://lawcommissionofindia.nic.in/reports/report_no.245.pdf (last visited Jan.
6,2021).
11
Law Commission of India, https://lawcommissionofindia.nic.in/main.htm (last visited Jan. 5, 2021).
Page | 5
 First Law Commission of India 1955-58 Mr. M.C. Setalvad
Second Law Commission of India 1958-61 Mr. J T.V. Venkatarama Aiyar
Third Law Commission of India 1961-64 Mr. J J.L. Kapur
Fourth Law Commission of India 1964-68 Mr. J J.L. Kapur
Fifth Law Commission of India 1968-71 Mr. K.V.K. Sundaram
Sixth Law Commission of India 1971-74 Mr. J Dr. P.B. Gajendragadkar
Seventh Law Commission of India 1974-77 Mr. J Dr. P.B. Gajendragadkar
Eighth Law Commission of India 1977-79 Mr. J H.R. Khanna
Ninth Law Commission of India 1979-80 Mr. J P.V. Dixit
Tenth Law Commission of India 1981-85 Mr. J K.K. Mathew
Eleventh Law Commission of India 1985-88 Mr. J D.A. Desai
Twelfth Law Commission of India 1988-91 Mr. J M.P. Thakkar
Thirteenth Law Commission of India 1991-94 Mr. J K.N. Singh
Fourteenth Law Commission of India 1995-97 Mr. J K Jayachandra Reddy
Fifteenth Law Commission of India 1997-2000 Mr. J B.P. Jeevan Reddy
Sixteenth Law Commission of India 2000-2001 Mr. J B.P. Jeevan Reddy
2002-2003 Mr. J M. Jagannadha Rao
Seventeenth Law Commission of India 2003-2006 Mr. J M. Jagannadha Rao
Eighteenth Law Commission of India 2006-2009 Dr. J AR Lakshmanan
Nineteenth Law Commission of India 2009-2012 Mr. J P.V. Reddy
Twentieth Law Commission of India 2012-2013 Mr. J D.K. Jain
2013-2015 Mr. J A.P. Shah
Twenty-first Law Commission of India 2015-2018 Mr. J Balbir Singh Chauhan

ROLE OF LAW COMMISSION IN REFORMING THE LAW

“12The powerful impact which the system of Courts and judicial administration has on a vast
number of citizens needs to be pointed out, so that, it may be appreciated that the reform of
the system is a matter of vital importance, not only to the lawyer and the judge but also to the
State and the average citizen. The smooth and speedy operation of the Courts of law is
essential to the progress of the country and the growth of its economic and industrial
stature”.

The Law Commission of India is entrusted with a very significant and crucial role to play in
Indian Legal and Judicial System in ensuring Public Interest. It not only acts as an advisory
body to the government but also criticises its policies which do not benefit the public interest
by pointing out the flaw in the policy, if it has any, and suggesting measures to correct it. Thus,
helps in formulating strong public policies.
The Law Commission till date has been led by some great legal minds such as M.C. Setalvad,
Justice H.R. Khanna, K.K. Mathew and Nani Palkhivala who recommended numerous reforms
in the laws. Reformation in laws is something which cannot be substituted with anything and
essentially it involves two components, Law Reform and Judicial Reform. Law Reform means
12
Commission, supra note 1, at 17.
Page | 6
changes in laws with changing time while Judicial Reform means speeding up dispute
resolution and dealing with issues of reducing delays.
“Justice delayed is justice denied”
An old legal maxim with a very deep meaning. The Judicial System is entrusted with the
responsibility of granting justice, the sooner the better. To maintain the rule of law and to
provide access to justice, which is a guaranteed Fundamental Right under 13Article 14 and
14Article 21, it is essential for timely disposal of cases by the Judicial System. But delay in

disposal of cases is a worrisome issue these days as Law Commission has pointed out.
The Law Commission in its 15Report no. 245 stated that
“the Hon’ble Supreme Court directed the commission to recommend a rational and scientific
definition of “arrears” and delay,” to which the commission later clarified that “there exists
no single “objective” standard or mathematical formula by reference to which “normal”
case processing time and hence delay can be defined or calculated .”

The Commission further came up with two approaches based on survey of various jurisdictions
and previous reform efforts in India. The first approach was called Practice Assessment
Approach, which the Commission Report states

“16...involves studying the patterns of current filing, disposal, case -length and pendency. A
comparative analysis of these patterns inter se and between jurisdictions, can help policy
makers determine whether a particular Court takes more or less time compared to either a
system-wide average, or the median case in the system. This analysis does not tell the policy
maker whether a particular Court or type of case is delayed. However, it does allow for a
relative assessment of which Courts are taking longer than others, such that they may require
targeted intervention in terms of greater allocation of resources, etc.....”

And the other approach which the Commission Report suggested is called the Normative
Assessment Approach which basically stated to fix time standards for the disposal of cases.
“17One of the means by which such standard setting can take place in a rigorous and rational
manner is to begin by studying the current patterns of filing, disposal, pendency, length,
etc...”
The commission report further states that
“One method of defining delay through the Normative Assessment Approach is by
determining the normal time frame within which cases of a particular type should be
processed through a Court. If a case takes longer than this time frame, then the case is
delayed. Time frames can be in the nature of mandatory time limits, or they can provide

13
INDIA CONSTI. art. 14.
14
INDIA CONSTI. art. 21.
15
Id. para 6, at 3.
16
Id. para 7 lines 2-9, at 3-4.
17
Id. para 7 lines 4-6, at 4.
Page | 7
 general guidelines that are normally to be followed, but can be departed from in exceptional
circumstances.”
Thus, it becomes evident from some of the reforms suggested by the Law Commission of India
that Indian Legal system may face challenges at times and to overcome it, the Commission has
a duty to suggest recommendations keeping the public interest of utmost importance. However,
not all reforms and suggestions by Law Commission is looked upon and implemented by the
government. There are impediments also which hamper the efficiency of the Law Commission
of India which include issues (among other) like non-statutory status of Law Commission and
lack of research back-up team in the commission making the report less in-depth. This creates
a lacuna in the judicial system as a whole affecting the public in terest by affecting the proper
functioning of Judiciary.
There are some of the lacunas in the judicial system which is cited by the Law Commission of
India as major lacunas for which it has time and again recommended reforms. Few of them
includes:

Delay in Justice delivery system

As mentioned above delay in delivering justice is one of the biggest challenges faced by the
Indian Judicial system. The Law Commission in its 18245th report has clearly mentioned two
approaches to tackle this problem, which if implemented might lead to lesser number of
delayed cases than what the Indian Judiciary is facing now. Other than this, the other reports
of Law Commission which has time and again mentioned about this lacuna besides suggesting
reformative suggestions to overcome it includes the 1914th report of Law Commission of India
(1958), 2058th report of Law Commission of India (1974), etc.

High arrears of cases in the Indian Courts

Pending cases in the Indian courts is increasing every passing day. As of Feb. 1, 2020, there
were 3.65 crore pending cases across all the Indian courts (the Supreme Court, various High
Courts, district and subordinate courts). According to an 21Indian Business and Financial news-
“the Supreme Court has seen a 3.6% rise in pending cases to 6 2,054. Between Jan. 29 and
Sept. 20, the pending cases in high courts has risen 12.4% to 51.5 lakh. District and
subordinate courts, too, saw a 6.6% increase to 3.4 crore cases in the same period ”.
The present unprecedented time of the pandemic in India disrupted among other things, the
court proceedings and the court shifted from physical courtrooms to virtual courtrooms with
the number of backlog cases not going down anywhere. The Law Commission in its 2277th
report (1978), 23124th report of law commission of India (1988), etc. has mentioned the arrears
of cases in the Indian courts and has suggested measures to tackle it.

18
Id.
19
Commission, supra note 9, at 19.
20
Law Commission of India, https://lawcommissionofindia.nic.in/51-100/Report58.pdf para 3, at 1 (last visited
Jan. 5,2021).
21
Bloomberg Quint, https://www.bloombergquint.com (last visited Jan. 5,2021).
22
Law Commission of India, https://lawcommissionofindia.nic.in/51-100/Report77.pdf (last visited Jan. 5,2021).
23
Law Commission of India, https://lawcommissionofindia.nic.in/101-169/Report124.pdf (last visited Jan.
5,2021).
Page | 8
In 24213th report of Law Commission of India (2008), it mentions Mr. Justice R.C. Lahoti, ex-
CJI’s quotation on the Law Day (November 26, 2004) about pendency of cases in Indian
Courts, which he took reference from the speech of late Dr. L. M. Singhvi (Senior Advocate
and the then President, Supreme Court Bar Association).

“Increasing institution of cases, mounting arrears, accumulating congestion in courts and

inevitable law’s delays have given rise not to....... If there are more and more cases in courts,
that is because we have a population explosion, we have a more complex and friction -prone
society, our dispute resolution and conciliation system are bereft of efficacy, we have
increasingly greater awareness of rights, and perhaps because we have more injustice a nd
more arbitrariness in our midst. The Governments are under an obligation to provide an
adequate machinery for justice, to appoint more judges and to give them better emoluments
and facilities, to build more courthouses, to enact better laws, to devise b etter dispute
resolution procedures, and to administer more effectively and equitably, rather than to blame
lawyers and judges for the increase and proliferation of litigation ....”

Need for reformation in the Criminal Justice system

In criminal cases, any case just due to non-appearance of the complainant use to get dismissed
thus, causing delay in administration of justice. The Law Commission of India in its 25141st
Report (1991) has proposed
“important judicial pronouncements on the subject of dismissal of a criminal case...”
Also, in 26142nd report of Law Commission of India (1991) it has stated that
“the criminal trials do not commence for as long a period as three to four years after the
accused was remitted to judicial custody. In the meantime, the accused languish in jails. It
was further represented that the conditions prevailing in the jails are appealing and the
accused are obliged to live in sub-human conditions mixed up with hard-core criminals”

In this 27report Law Commission has further stated Supreme Court’s view on the conditions
and state of under-trial prisoners who have been in jails with no cases being heard, further
exacerbating the criminal justice system. The Supreme Court noted
“What faith can these lost souls have in the judicial system which denies them a bare trial for
so many years and keeps them behind bars, not because they are guilty, but because they are
too poor to afford bail and the courts have no time to try them....”

24
Law Commission of India, https://lawcommissionofindia.nic.in/reports/report213.pdf para 2.21, at 22 (last
visited Jan. 6, 2021) (herein after referred as “Report 213”).
25
Law Commission of India, https://lawcommissionofindia.nic.in/101-169/Report141.pdf (last visited Jan.6,
2021).
26
Law Commission of India, https://lawcommissionofindia.nic.in/101-169/Report142.pdf (last visited Jan.6,
2021).
27
Id. at 2.
Page |9
The 28report of Law Commission of India further went on to state
“It cannot, therefore, be again said that the problem is a grave one and clamours for urgent
attention. The concept of plea-bargaining as obtaining in the USA needs to be examined in
the light of this ungainly situation”.

SIGNIFICANCE OF LAW COMMISSION OF INDIA

29Article 14 of Indian Constitution puts every individual equally before the law with equal
rights for everyone. And Indian Judicial System is entrusted with the duty of protecting as well
as enforcing the rights of individual. But the rights, unfortunately are not enjoyed equally by
everyone. The poor and fragile people are the ones, who many a times are put at distance from
getting relief or justice from the Judicial System because of complex, costly and dilatory
judicial proceedings. This is where Law Commission’s significance is realised. Law
Commission advises and make recommendations to the Ministry of Law and Justice for the
changes required in the existing law or other procedures to be followed for better administration
of justice.
There are myriad of recommendations and reforms suggested by the Law Commission of India
to the Ministry of Law and Justice over period of time. Some of them can be cited as
recommendations made to bring major reforms in the Indian Judicial system two of which are
mentioned below:
Introduction of Fast Track Courts
The Law Commission of India in its 30213th report in 2008 made the recommendation of setting
up Fast Track Courts and stated:
“...setting up of Fast Track Courts in the country, which alone, in the opinion of the Law
Commission, will solve the perennial problem of pendency of cases, which are even summary
in nature”.
Speedy filling up of vacancies in the Supreme Court
The Law Commission in its 31125th report in 1988 mentions inordinate delay in filling up the
vacancies in the Supreme Court as the principal cause for myriad of backlog cases. The Law
Commission went on to state that
“...the Law Commission was convinced that even with the utmost sincerity, which can never
be questioned, the root cause for this disturbing situation must be traced to the procedure for
filling in vacancies...

28
Id. at 4.
29
Id.
30
Report 213, supra note 6.4, at 38.
31
Law Commission of India, https://lawcommissionofindia.nic.in/101-169/Report125.pdf (last visited Jan.6,
2021).
Page | 10
Conclusion
Like mentioned above, there are many more recommendations proposed by the Law
Commission headed by number of great legal minds. The Commission is a legal think tank
working as an advisory body to the Ministry of Law and Justice for the reformation of Indian
Judicial System. It helps government shape the policies for public interest by pointing out flaws
and accordingly providing recommendations thus, ensuring justice is delivered in a just
manner. Law Commission is entrusted with a very crucial role to play in the Indian Legal
System so, its proper functioning is necessary to be kept in check by the Government. Hence,
the commission and the government, both should work in close coordination so that it is the
public interest which prevails above all.

Page | 11
 BIBLIOGRAPHY

• Naman Sherstra, How far has the Law Commission of India been effective, Ipleaders,
(last visited Jan. 6, 2021, 8:50 PM) https://blog.ipleaders.in/far-law-commission-india-
effective/ .

• Diya Rai, Important pointers you must know about Law Commission of India, Ipleaders,
(last visited Jan. 6, 2021, 8:06 PM) https://blog.ipleaders.in/law-commission-of-india-
2/ .

• The Constitution of India

https://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf

• Law Commission of India, Reports

Report 14 (1958), https://lawcommissionofindia.nic.in/1-50/report14vol1.pdf

Report 58 (1974) https://lawcommissionofindia.nic.in/51-100/Report58.pdf

Report 77 (1978) https://lawcommissionofindia.nic.in/51-100/Report77.pdf

Report 124 (1988) https://lawcommissionofindia.nic.in/101-169/Report124.pdf

Report 125(1988) https://lawcommissionofindia.nic.in/101-169/Report125.pdf

Report 141(1991) https://lawcommissionofindia.nic.in/101-169/Report141.pdf

Report 142 (1991) https://lawcommissionofindia.nic.in/101-169/Report142.pdf

Report 213 (2008) https://lawcommissionofindia.nic.in/reports/report213.pdf

Report 245 (2014) https://lawcommissionofindia.nic.in/reports/report245.pdf

• Press Information Bureau (Government of India)

https://pib.gov.in/PressReleasePage.aspx?PRID=1603640.

• Campaign for Judicial Accountability and Judicial Reform

Page | 12
 https://judicialreforms.org/access-to-justice-is-a-fundamental-right-guaranteed-under-article-
14-21-of-constitution-sc-constitution-bench/ (last visited Jan. 6, 2021).

• Bloomberg Quint, https://www.bloombergquint.com/law-and-policy/indias-pending-

court-cases-on-the-rise-in-charts

• The Hindu, www.thehindu.com

• Law Commission of India, https://lawcommissionofindia.nic.in/main.htm

• Bibek Debroy, Why we need law reform, Seminar, https://www.india-

seminar.com/2001/497/497%20bibek%20debroy.htm

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