The 23rd Law Commission of India: A New Chapter in Legal Reforms

Introduction

• The formation of the 23rd Law Commission of India means Indian legal landscape is likely to undergo further changes.
• This commission is grated by President Droupadi Murmu, it will start from the 1st of September 2024 ending on 31st of August 2027.
• The coming up of this new commission is very strategic in identifying unattended legal reforms as well as ensuring that the legal system in India is up to date for the nation’s use.

Structure of the 23rd Law Commission

• The 23rd Law Commission of India will have a clearly spelt out membership pattern and there will be a combination of both full time and part time members besides other official members will be there in the form of Ex-officio.
• The structure above is designed in such a way that it guarantees that the commission has the capacity in terms of personnel and other factors crucial in the discharge of its functions.
  • Chairperson: The chair person will therefore be appointed as a full time official whose major responsibility will entail the overall coordination of the commission, supervision of the review process and account for achievement of the commissions mandate.
  • Full-Time Members: It will comprise four full-time Members and these will be the Member-Secretary of the commission to help the Chairperson in the performance of his or her duties in the running of the commission as well as responding to all the research and review work.
  • Ex-Officio Members: Two Secretaries shall be from the Legal and Legislative Departments and shall act as ex-officio members of the commission hence ensuring that the recommendations of the commission match with those of the Government of the country.
  • Part-Time Members: Five to seven part-time members will enhance the richness of the commission because they will be able to appreciate legal matters in a different light or with a different focus, because they can only serve part-time.
• This composition ensures that the members of the commission come from different background so that the recommendations they produce includes all Aspects of reform to avoid sidelining important sectors.

Purpose and Objectives of the 23rd Law Commission

• The mandate of the 23rd Law Commission of India is issues oriented and general in nature and is very ambitious.
• Basically, its function is to scrutinize the overall legal arrangement of India and to make suggestions on how the laws of the country can be made more efficient, equitable and appropriate for the present generation.
• The commission will therefore address several areas that are very crucial in the determination of the legal system within the country.

Scrutiny and Elimination of Caducous Statutes

• Another important function of the commission is in conducting a review of the laws in the country and repeal of those that are outdated. There are hundreds of laws in India at present which were, at one or the other point of time useful but, now have become obsolete and of no use.
• That we continue to have these laws, which are now archaic, leads to confusion, increased propensity for litigation, and a strain on the judicial system.
• This will be the mandate of the commission and its duty will be to ensure that it establishes which laws are of this nature and these should be done away with.
• Secondly, the commission will further seek to establish the mechanism for the constant updating of laws and the legal system in order to accommodate the society’s evolving needs.

Law and Poverty

• Another important agenda of the 23rd Law Commission is the law and poverty nexus. Laws are also central to the lives of the economically disadvantaged populace; the commission will assess these laws’ effects.
• Thus, the commission’s focus on legal obstacles that deepen poverty and proposing changes that may mitigate these difficulties gives hope to make law less restrictive and more friendly for the socially vulnerable sections.

Judicial Administration

• Judicial administration is critical in improving the legal system by increasing the efficiency of the judicial processes. The Indian judiciary has been accused of ineptitude in the timely adjudication of cases hence contributing to the prevalence of a massive backlog problem.
• The commission shall investigate and propose measures in the administration of justice to cut-on time and increase the ease through which members of the public can access legal services.
• This could mean proposing process reforms, improving the technology currently utilised in courts, calling for other administrative improvements that would facilitate the functionality of judiciary.

Directive Principles and Constitutional Objectives

• The principles contained in the Indian Constitution under the Directive Principles of State Policy are meant to be used as guidelines by government in formulating some polices for society and economic justice.
• The 23rd Law Commission will safeguard that current laws and the reformation proposals agree to these principles.
• Through such a perspective of legal reinterpretation the commission will be useful in guaranteeing that laws along with the legal system fosters goals of the Indian state – the promotion of equality; the provision of social justice; and the protection of rights of all individuals.

Gender Equality

• The cause of women equality has not been fully realized in India even today; the judiciary here has another long way to go.
• This commission shall review the existing laws in the country with an aim of establishing areas that require enhancement of women rights and gender equality.
• This may entail reviewing laws that may be considered discriminatory to provide a favourable recommendation; creating new legislation since certain issues may be untouched; making sure that the current legal framework works to the benefit of all the genders.

Revision of Central Acts

The Central Acts, that is, the laws enacted by the Indian Parliament are among the most important and fundamental of the Indian laws. However, many of these acts are profuse, archaic and some of the times ambiguous, rendering them difficult to implement. The 23rd Law Commission will be involved in the amendment of Central Acts so as to make it easy to understand the various Acts developed as well as implement those laws that have been passed.

Government References

• It will also handle specific legal matters as may be referred to it by the government time and again. Consultancy services could involve offering legal advice on new laws as well as offering interpretations of the existing laws as well as emerging legal issues.
• The 23rd Law Commission it is proposed will function as a legal advisor to the government and therefore, will have tremendous scope in determining the course of future development of India’s legal procedures.

International Research Assistance

• Currently, it is almost impossible for a country’s legal system to remain isolated and oblivious to changes that are taking place in other jurisdictions.
• For research, the commission shall extend research services to other countries in helping them with their legal research needs and in the process, the commission will study the best practices in the international world.
• This exchange of knowledge will assist India to remain in touch with or at the top most level of the global innovations in legal sector and make sure that its legal reforms are drawn from other experiences.

Impact of Globalization

• The commission will also examine how globalization impacts the main social concerns like; Availability of food and appeal for legal systems that can contain the impact of globalization.
• The globalization pose significant impacts on national laws and through the work of the commission in this field, India will be able to design its legal system that will effectively estimate the impacts of globalization at a national level.

Addressing Pending Issues from the 22nd Law Commission

• The 22nd Law Commission was established in a very tough position especially after it’s Chairman Justice Ritu Raj Awasthi resigned.
• This resulted to missed opportunity on key issues for the nation like the UCC and the simultaneous polls.
• These are some of the matters that are likely to be filled up by the 23rd Law Commission so as to have a continuous and progressive result in legal reforms.
• In encompassing these issues, the new commission will meaningfully continue to enhance the enhancement of a legal framework that is less bureaucratized, fair and considers the requirements of a society that is diverse and evolving.

Collaboration and Accessibility

• That means the 23rd Law Commission shall be significantly opened to cooperation and as accessible as possible.
• The commission feels that it has to liaise with centers of learning to foster legal research and education activities.
• This partnership will add value by improving the quality of legal research as well as contribute towards the development of the next generation of legal specialists.
• Furthermore, the report of the commission will also be in Hindi and English and it will be uploaded on the internet so that public can have a glance about the recommendations and legal reforms.

Conclusion

• It is quite encouraging to note that, the integration of the 23rd Law Commission of India paves a new way in the continuous reformative process of Indian legal arena.
• Combined with increased access to and capacity for participation in the legal processes and an increasing range of subject matters of relevance to the commission – including law and poverty, gender and the judiciary to mention but a few, the commission stands well equipped to provide serious contributions to the legal framework of India.
• As the commission initiates its operation, legal profession and the public will expectantly wait to see how proposals of the commission will make laws and justice system in India.
• The hope lies in the 23 rd Law Commission of India which seeks to reform and revolutionise the legal landscape to make the justice delivery system more efficient, equitable and responsive to the emerging social realities.

FAQS

Q1: What is the 23rd Law Commission of India?
Ans: The 23rd Law Commission of India is a newly established body tasked with reviewing and recommending reforms to the Indian legal system. It will operate from September 1, 2024, to August 31, 2027, focusing on various legal issues, including obsolete laws, judicial administration, and gender equality.

Q2: Who are the members of the 23rd Law Commission?
Ans: The 23rd Lawcommission will consist of a full-time Chairperson, four full-time members (including a Member-Secretary), two ex-officio members from the Legal and Legislative Departments, and up to five part-time members.

Q3: What are the main objectives of the 23rd Law Commission?
Ans: The 23rd Law commission’s key objectives include reviewing and repealing obsolete laws, improving judicial administration, addressing law and poverty issues, promoting gender equality, and aligning laws with the Directive Principles of State Policy.

Q4: How does the 23rd Law Commission differ from the previous commission?
Ans: The 23rd Law Commission will continue the work of the 22nd commission, addressing pending issues like the Uniform Civil Code and simultaneous elections. It also emphasizes collaboration with educational institutions and the use of technology to make legal recommendations more accessible.