The Law Ministry has prepared a draft note to be presented to the Union cabinet which aims to make the Law Commission (Commission) an independent, autonomous body. The model which is followed in other Commonwealth countries like Britain and Canada aims to separate the Law Ministry from the Law Commission.

The Law Commission in an expert body which was set up to constantly assess the need for new legislations and also to monitor obsolete laws and a need for amendments to the existing laws. The Law Commission of India Bill, 2010 which is currently being mooted will enable the Commission to decide on its annual budget and report.

Currently, the Chairman and the members of the Commission are appointed by the Union cabinet based on the recommendations made by the Law Ministry. If the Bill were to come into force, it is understood that the term of appointment will be extended than the present 3 years. The Hindustan Times has quoted the Law Minister, M. Veerappa Moily stating, “This will help it bring out more reports without compromising on quality as three years is a limited time.”

The Parliamentary Standing Committee on Law and Justice had first made this recommendation in 2008. If the changes were to come into place, the Commission would have a much larger staff and would be on the lines of other statutory bodies like the Airport Authority of India among others which would make it easier for the Commission to come up with a larger number of reports on the legal issues of the country.

The first Commission was established in 1834 under the Charter Act of 1833 under the Chairmanship of Lord Macaulay which recommended codification of the Penal Code and the Criminal Procedure Code. The Indian Code of Civil Procedure, the Indian Contract Act, the Indian Evidence Act, the Transfer of Property Act are products of the first four Law Commissions.