The Law Commission of India is a non-statutory and executive body established by an order of the Government of India under the Ministry of Law & Justice, functioning as an advisory legal think tank. The concept of a Law Commission in India originated with the Charter Act, 1833, which led to the first commission in 1834 chaired by Lord Macaulay. This pre-independence commission was instrumental in drafting foundational laws like the Indian Penal Code (enacted in 1860). The first Law Commission of independent India was established in 1955 with M. C. Setalvad as its Chairman, primarily to revise and update pre-Constitution laws.
The Commission is constituted for a fixed tenure, typically three years, and its membership primarily comprises legal experts. It works by undertaking research and reviewing existing laws, either on a reference from the Central Government or suo-motu, to recommend legal reforms, repeal obsolete enactments, and suggest new legislation. The Commission submits its findings in the form of reports to the Ministry of Law and Justice, but its recommendations are not binding on the government.
The LCI's work connects directly to the Directive Principles of State Policy, as it examines laws in light of these principles and proposes legislation to implement them. Recently, the 22nd Law Commission, whose term ended on August 31, 2023, was working on critical issues like the Uniform Civil Code and simultaneous elections. The 22nd Law Commission had recommended retaining Section 124A of the Indian Penal Code (sedition law), proposing amendments to clarify its usage. However, the Indian Penal Code (IPC) has since been replaced by the Bharatiya Nyaya Sanhita (BNS) 2023, effective from July 1, 2024. The colonial-era sedition provision, IPC Section 124A, was replaced by BNS Section 152, which now prohibits "acts endangering the sovereignty, unity, and integrity of India". The 23rd Law Commission has been constituted with its term set to begin on September 1, 2024, and extend until August 31, 2027.