Law commission

Law Reform has been a continuing process particularly during the last 300 years or more in Indian history. In the ancient period, when religious and customary law occupied the field, reform process had been ad hoc and not institutionalized through duly constituted law reform agencies. However, since the third decade of the nineteenth century, Law Commissions were constituted by the Government from time to time and were empowered to recommend legislative reforms with a view to clarify, consolidate and codify particular branches of law where the Government felt the necessity for it. The first such Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code, the Criminal Procedure Code and a few other matters. Thereafter, the second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively which, during a span of fifty years contributed a great deal to enrich the Indian Statute Book with a large variety of legislations on the pattern of the then prevailing English Laws adapted to Indian conditions. The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act. etc. are products of the labour of the first four Law Commissions.

 

POST-INDEPENDENCE DEVELOPMENTS:

After independence, the Constitution of India with its Fundamental Rights and Directive Principles of State Policy gave a new direction to law reform geared to the needs of a democratic legal order in a plural society. Though the Constitution stipulated the continuation of pre-Constitution Laws (Article 372) till they are amended or repealed, there had been demands in Parliament and outside for establishing a Central Law Commission to recommend revision and updating of the inherited laws to serve the changing needs of the country. The Government of India reacted favourably and established the First Law Commission of Independent India in 1955 with the then Attorney-General of India, Mr. M. C. Setalvad, as its Chairman. Since then twenty one more Law Commissions have been appointed, each with a three-year term and with different terms of reference. The names of Chairman who presided over these Commissions are given below:-

 

First Law Commission	1955-58	Mr. M. C. Setalvad  Former Attorney General of India
Second Law Commission	1958-61	Mr. Justice T. V. Venkatarama Aiyar.
Third Law Commission	1961-64	Mr. Justice J. L. Kapur
Fourth Law Commission	1964-68	Mr. Justice J. L. Kapur
Fifth Law Commission	1968-71	Mr. K. V. K. Sundaram, I. C. S.
Sixth Law Commission	1971-74	Mr. Justice Dr. P. B. Gajendragadkar
Seventh Law Commission	1974-77	Mr. Justice Dr. P. B. Gajendragadkar
Eighth Law Commission	1977-79	Mr. Justice H. R. Khanna
Ninth Law Commission	1979-80	Mr. Justice P. V. Dixit
Tenth Law Commission	1981-85	Mr. Justice K. K. Mathew
Eleventh Law Commission	1985-88	Mr. Justice D. A. Desai
Twelfth Law Commission	1988-91	Mr. Justice M. P. Thakkar
Thirteenth Law Commission	1991-94	Mr. Justice K. N. Singh
Fourteenth Law Commission	1995-97	Mr. Justice K Jayachandra Reddy
Fifteenth Law Commission	1997-2000	Mr. Justice B. P. Jeevan Reddy
Sixteenth Law Commission	2000-2001 2002-2003	Mr. Justice B. P. Jeevan Reddy Mr. Justice M. Jagannadha Rao
Seventeenth Law Commission	2003-2006	Mr. Justice M. Jagannadha Rao
Eighteenth Law Commission	2006-2009	Dr. Justice AR Lakshmanan
Nineteenth Law Commission	2009-2012	Mr. Justice P. V. Reddi
Twentieth Law Commission	2012-2013 2013-2015	Mr. Justice D. K. Jain Mr. Justice A. P. Shah