Law Revision Commission (India)

Law Revision Commission (India)
Name	Law Revision Commission (India)
Formation	1952
Headquarters	New Delhi
Leader title	Chairman
Parent organization	Ministry of Law and Justice

Law Revision Commission (India) The Law Revision Commission (India) is a statutory body established to review, revise and consolidate statutes in India in order to simplify the statute book and remove obsolete enactments. The commission has interacted with institutions such as the Parliament of India, the Supreme Court of India, the Ministry of Law and Justice, the Law Commission of India and state law departments in cities like New Delhi, Mumbai, Kolkata and Chennai. Its work touches on legislation connected to landmark instruments such as the Indian Penal Code, the Code of Civil Procedure, 1908, the Code of Criminal Procedure, 1973 and the Income-tax Act, 1961.

History and Establishment

The commission traces roots to post-independence reform initiatives including recommendations by committees linked to the Constituent Assembly of India, the Swaran Singh Committee, and the early reports of the Law Commission of India under chairmen like M. C. Setalvad and P. V. Rajamannar. It was formally created following deliberations in the Parliament of India and consequential orders issued by the Ministry of Law and Justice in the 1950s, drawing on comparative models from the Law Commission (United Kingdom), the Scottish Law Commission, and the New Zealand Law Commission. Early engagements involved consolidation of statutes influenced by precedents from the Statute Law Revision Act 1948 (UK), the Commonwealth Secretariat guidance, and practices in Australia and Canada.

Mandate and Functions

The commission’s mandate encompasses revision, consolidation and repeal of obsolete statutes under enabling provisions referenced in legislation like the Interpretation Act, 1889 and successor rules used by the Parliament of India. It prepares draft repeal schedules, recommends amendments to enactments such as the Companies Act, 1956 and later the Companies Act, 2013, and advises on codification where statutes interact with the Indian Evidence Act, 1872, the Negotiable Instruments Act, 1881, and regulatory frameworks administered by bodies like the Reserve Bank of India and the Securities and Exchange Board of India. The commission also liaises on matters overlapping with the Judicial Committee of the Privy Council historical practices, and contemporaneous standards from the United Nations Office on Drugs and Crime and the International Law Commission.

Organizational Structure and Membership

The organizational design mirrors commissions such as the Law Commission of India and consists of a Chairman, full-time members and expert advisors drawn from sources like the Supreme Court of India, various High Courts including the Delhi High Court, the Bombay High Court, the Calcutta High Court, and the Madras High Court, and academia represented by institutions like the National Law School of India University and the Faculty of Law, University of Delhi. Administrative support involves officers from the Ministry of Law and Justice and coordination with state legislatures such as the Bihar Legislative Assembly, the West Bengal Legislative Assembly and the Maharashtra Legislative Assembly. Membership has included jurists, retired civil servants from the Indian Administrative Service, and representatives from the Bar Council of India and bar associations like the Supreme Bar Association and city bar bodies.

Major Projects and Publications

Major projects have included consolidation projects for statutes influencing the Indian Succession Act, 1925, the Indian Contract Act, 1872, and the Transfer of Property Act, 1882; preparation of repeal schedules paralleling work on the Revised Statutes models in jurisdictions such as Pakistan and Sri Lanka; and annotated compilations akin to publications from the National Law University, Delhi and the Indian Law Institute. Reports and draft Bills produced by the commission have been considered alongside white papers from the Ministry of Home Affairs, budget-related statutes referenced by the Ministry of Finance, and legislative manuals used by secretariats of state assemblies.

Impact and Criticism

The commission’s impact is evident in statute book pruning carried into the Gazette of India notifications and legislative housekeeping used by the Parliamentary Committee on Law and Justice. Critics cite slow implementation similar to critiques of the Law Commission of India reports and reference comparative debates involving institutions like the Constitutional Bench of the Supreme Court of India and international evaluations by the World Bank and International Monetary Fund regarding regulatory reform. Commentators from law schools such as National Law School of India University and journals like the Indian Journal of Law and Justice have argued for expanded mandates, while litigators from chambers in Kolkata and Mumbai have highlighted practical gaps in consolidation versus codification.

Relationship with Other Legal Bodies

The commission collaborates with the Law Commission of India, the Ministry of Law and Justice, the Attorney General of India, the Solicitor General of India, and state law commissions in provinces such as Punjab, Kerala, Tamil Nadu and Andhra Pradesh. It engages with courts including the Supreme Court of India and High Courts, and coordinates with regulatory agencies like the Insurance Regulatory and Development Authority of India and the Competition Commission of India when statutes affecting those sectors are revised. The commission’s proposals have been reviewed by standing committees of the Rajya Sabha and the Lok Sabha.

Notable Members and Leadership

Notable chairs and members have included retired judges from the Supreme Court of India and High Courts, scholars affiliated with the Indian Law Institute, the National Judicial Academy, and deans from institutions such as the Campus Law Centre, NALSAR University of Law, and the National University of Juridical Sciences. Leadership dialogues have involved figures linked to the Ministry of Law and Justice, contributors to landmark jurisprudence cited in cases like Kesavananda Bharati v. State of Kerala and administrative reform advocates associated with the Second Administrative Reforms Commission.

Category:Legal organisations based in India Category:Statutory bodies of India