Law Commission of India is neither a constitutional body nor a statutory body, it is an executive body established by an order of the Government of India.
Its major function is to work for legal reforms.
The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
Its membership primarily comprises legal experts.
After independence, the Constitution stipulated the continuation of pre-Constitution Laws under Article 372 until they are amended or repealed.
Law Commission - Functions
The Law Commission, on a reference made to it by the Central Government or suo-motu, undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations.
It also undertakes studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in the cost of litigation etc.
Review/Repeal of obsolete laws: Identification of laws which are no longer relevant and recommending for the repeal of obsolete and unnecessary enactments.
Law and Poverty: Examines the Laws which affect the poor and carries out post-audit for socio-economic legislations.
Suggesting enactment of new legislation as may be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.
Judicial Administration: Considering and conveying to the Government its views on any subject relating to law and judicial administration that may be specifically referred to it by the Government through the Ministry of Law and Justice (Department of Legal Affairs).
Research: Considering the requests for providing research to any foreign countries as may be referred to it by the Government through the Ministry of Law & Justice (Department of Legal Affairs).
Examine the existing laws with a view of promoting gender equality and suggesting amendments thereto.
Examine the impact of globalization on food security, unemployment and recommend measures for the protection of the interests of the marginalized.
Preparing and submitting to the Central Government, from time to time, reports on all issues, matters, studies and research undertaken by it and recommending in such reports for effective measures to be taken by the Union or any State.
Performing such other functions as may be assigned to it by the Central Government from time to time.
Law Commission
Before concretizing its recommendations, the Commission consults the nodal Ministry/Departments and such, other stakeholders as the Commission may deem necessary for the purpose.
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