On September 2, the government established 23rd Law Commission of India for a three-year term.
The Commission works on projects based on the references received from the Central Government and/or from the Supreme Court and High Courts. At times, keeping in view the importance of the subject matter, the Commission initiates study on specific subjects, suo moto.
On the inclusion of measures to improve Judicial Administration within the scope of reference. Indranil D. Deshmukh, Partner (Head – Disputes), Cyril Amarchand Mangaldas said, “It is reassuring to see that the Government has included measures to improve Judicial Administration within the scope of reference of the 23rd Law Commission. Indian Courts are mired with chronic pendency of old cases and we need reforms that would eliminate delays, clear arrears, and reduce costs.”
In my view, simplifying court processes, reducing technicalities and implementing case management and case flow management frameworks in Court will go a long way in reducing delays and clearing backlogs.Indranil D. Deshmukh, Partner (Head – Disputes), Cyril Amarchand Mangaldas
adding, “Let’s hope that this aspect taken up by the Law Commission on priority and then the Government implements the law commission’s recommendations swiftly. These measures along with filling judicial vacancies and modernising infrastructure of Courts are critical for efficient administration of justice.”
The terms of reference for the 23rd Commission of India also includes directive principles and constitutional objectives under which review of laws has to be undertaken in light of the directive principles of state policy, and examining the impact of globalization on food security and unemployment while recommending measures to protect marginalized interests. “The 23rd law commission is expected to focus on several key areas, including the review and repeal of obsolete laws, developing a process for their regular review, and advancing the work on a Uniform Civil Code (UCC), potentially leading to significant legal changes alongside examining the impact of globalization on issues like food security, unemployment, with a focus on measures to safeguard marginalized groups. Judicial administration should also be a priority with the objective to reduce delays and simplify rules for uniformity,” said Divyaish Srivastava, Independent Policy Consultant & Advisor, Lets Learn Law (LLL).
The Law Commission’s recommendations are advisory, meaning they are not legally binding. While the Commission thoroughly reviews the legal system and suggests improvements, the government is not required to follow its advice. It can choose to accept, modify, or reject the recommendations based on political, economic, or practical reasons.Divyaish Srivastava, Independent Policy Consultant & Advisor, Lets Learn Law (LLL)
Considering that the commission was working on the Uniform Civil Code and review of laws has to be undertaken in light of the directive principles of state policy “the Uniform Civil Code (UCC) is expected to be in focus for the current Law Commission, aiming to harmonize personal laws,” said Adhish Sharma, Principal Associate, Khaitan & Khaitan (K&K). “Along with the UCC, the Commission may address other colonial-era laws, which exist today as was done by 22nd Law Commission for the Criminal Laws, which have recently been notified afresh,” he added.
The recommendations by the Law Commission are advisory in nature and do not automatically become law. Once submitted, it is for the government to consider them, and only if the government chooses to act on these recommendations, the said recommendations move forward in the legislative process, which involves drafting a bill, presenting it in Parliament, and getting approval from both houses, post which after the bill receives an assent from the president, it becomes a law.Adhish Sharma, Principal Associate, Khaitan & Khaitan (K&K)
The commission will be undertaking review/repeal of obsolete Laws. The same will be undertaken through identification of laws for immediate repeal that are no longer needed or relevant; developing a Standard Operating Procedure (SoP) for periodic reviews, including simplifying language and processes; identifying laws that need amendments to align with current economic needs; suggesting amendments for laws requiring changes; considering suggestions from Expert Groups across Ministries for harmonizing laws; address references from Ministries/Departments via the Department of Legal Affairs on multi-ministry/Department legislation and proposing measures for quick redressal of citizens’ grievances. “The 23rd Law commission is expected to identify the obsolete laws and statutes which are still in operation and to suggest the certain reforms either to replace the old laws or to do necessary amendments in the existing laws. The introduction of 3 new criminal laws namely BNS, BNSS & BSA is indicative of the fact that India requires to modify its laws according to present times keeping in the mind the current prevailing challenges,” said Tushar Agarwal, Founder & Managing Partner, C.L.A.P. Juris, Advocates & Solicitors.
Further the law commission is expected to recommend certain effective and efficient law reforms which ensures that the pendency of the matters get reduced and wave of digitalization can penetrate into remote areas also in order to reach marginal sections of the society.Tushar Agarwal, Founder & Managing Partner, C.L.A.P. Juris, Advocates & Solicitors
However, he adds, “any recommendation of law commission cannot automatically get enforced because the recommendations by the Law Commission only have advisory & persuasive value. Those recommendations can come into effect only once the legislature enacts any law or the judiciary issues some order to give effect to those recommendations.”
There was an unprecedented response from the public, with over 7.5 million submissions regarding the UCC.
Law Commission advises the government on critical and complex legal issues. There report on UCC remains pending so there are strong indications that this law commission will focus on UCC. There will, probably, be some focus on amendments in commercial laws and Forex laws.Sameer Jain, Managing Partner, PSL Advocates & Solicitors
Eliminating delays, clearing arrears, and reducing costs for efficient case disposal while ensuring fairness for judicial administration is a primary objective. Thus, “from the 23rd Law Commission, we can expect to overcome contemporary legal challenges such as reforms in Criminal law, personal data protection, governance in this digital age. Matters concerning pendency of litigation and the role of artificial intelligence being adopted,” said Alay Razvi, Partner, Accord Juris.
It may consider simplifying compliance processes and eliminating redundant laws. There could be a possibility of having some conclusion on Uniform Civil Code as it has never seen the light of the day, apart from being a part of discussion and debate.Alay Razvi, Partner, Accord Juris
The mandate conferred to commission is wide and subjects of utter importance. Purvi Mathur, Managing Partner, KP Associates, Advocates & Consultants view the establishment of the 23rd Law Commission with cautious optimism.
The Commission’s broad mandate, encompassing critical areas such as judicial reform, modernisation of obsolete laws, and addressing contemporary challenges like globalisation’s impact, signals a comprehensive approach to legal reform in India.Purvi Mathur, Managing Partner, KP Associates, Advocates & Consultants
However, adding that, “it’s crucial to note that the Commission’s recommendations, while potentially influential, lack direct enforceability. As a non-statutory body, its role remains purely advisory. The actual implementation of its suggestions will hinge on governmental action and legislative processes.”
The 23rd Law Commission is expected to review and recommend reforms in various areas of law. Nishant Datta, Advocate, Delhi High Court said, “The focus of a Law Commission typically includes recommendation of legal reforms and proposing new legislation; codification of laws; undertaking legal research and analysis, and public consultation; review of existing laws to align them with the modern economic demand.”
The recommendations of the Law Commission, including those from the 23rd Law Commission, are not automatically enforceable. For a Law Commission’s recommendations to become enforceable, they need to be adopted by the legislature. In summary, while the recommendations are influential and can shape legal reforms, they require legislative action to become enforceable.Nishant Datta, Advocate, Delhi High Court
There are anticipations w.r.t one nation, one election policy. Thus, “reflecting on the work of the 22nd Law Commission, which concluded in August 2024, it is anticipated that the 23rd Commission will prioritize presenting the long-awaited report on the “One Nation, One Election” policy,” said Ekta Rai, Advocate, Delhi High Court.
The previous Commission had been unable to submit this report due to the Chairperson’s reassignment, highlighting the importance of the Chairperson’s role in ensuring the enforceability of the Commission’s recommendations. Without the formal submission of such reports, the government’s ability to act on these recommendations is significantly hindered.
The report on Uniform Civil Code was not submitted as Justice (retd) Ritu Raj Awasthi, who headed the 22nd law panel, was appointed a member of the anti-corruption watchdog Lokpal before submitting the report. Thus, “the 23rd Commission is likely to further explore the Uniform Civil Code, a topic that has remained under consideration and debate. In addition to these ongoing discussions, the Commission may also examine new laws introduced this year and consider amendments to existing ones, particularly in response to pressing legal concerns,” said Ekta Rai, Advocate, Delhi High Court.
Ekta Rai, Advocate, Delhi High Court also highlighted the need for policies or laws that protect the medical community and enhance workplace security for women saying that, “these issues are of national importance and could very well be on the agenda of the 23rd Law Commission.”
The recommendations made by the Law Commission, while influential, are not automatically enforceable. Their implementation depends on the government’s willingness to accept and act upon them.Ekta Rai, Advocate, Delhi High Court
Kirti Vyas, Advocate, ASL Partners also highlights UCC to be significant area of focus. “The Commission will evaluate the feasibility and potential impact of implementing the UCC to ensure it supports justice and equality,” said Kirti Vyas, Advocate, ASL Partners.
The Commission will also review laws affecting economically disadvantaged groups to assess their effectiveness and suggest improvements to better serve these communities. It will work on improving the judicial system by reducing delays, cutting costs, and simplifying court procedures to make the legal process more efficient while still ensuring fair outcomes. This includes developing better frameworks for case management and flow.Kirti Vyas, Advocate, ASL Partners
Adding that, “The actual implementation of the Commission’s recommendations depends on the government’s willingness to act upon them and the subsequent approval by Parliament. Thus, while the Commission’s recommendations are essential for guiding legal reforms, their practical implementation involves multiple steps and significant engagement from governmental and parliamentary institutions.”
The commission will also be examining laws affecting the poor and conduct post-enactment audits of socio-economic legislation , and utilising law and legal processes to benefit the poor. “The Commission will review laws that impact economically disadvantaged groups and suggest reforms to make these laws more equitable,” said Shimpy Arman Sharma, Partner, Anand Sharma and Associates.
Adding, “examining existing statutes to promote gender equality and suggesting necessary legislative changes” while also “assessing the impact of globalization on issues like food security and unemployment.”
The Law Commission of India is a non-statutory body, meaning its recommendations are not legally binding. However, they carry significant weight and influence due to the expertise and research undertaken by the Commission.Shimpy Arman Sharma, Partner, Anand Sharma and Associates.
The Law Commission of India is a non-statutory body, constituted by the Government of India from time to time. The Commission was originally constituted in 1955 and is re-constituted from time to time. The tenure of Twenty-second Law Commission of India ended on August 31, 2024.
The various Law Commission have been able to make important contribution towards the progressive development and codification of Law of the country. The Law Commission has so far submitted 277 Reports.
