Law Commission of India Current Affairs

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Lawyers’ plan nationwide agitations against Advocates (Amendment) Bill, 2017

Bar Council of India (BCI) has called for a nationwide stir against what they allege as the undemocratic provisions of the Advocates (Amendment) Bill, 2017. BCI has planned to submit a memorandum to the Union Law Minister to reject the Law Commissions suggestions to amend the Act.

The Law Commission of India has proposed various amendments to the Advocates Act, 1961 so as to usher in forward-looking reforms in the legal profession. It has placed before the government, the Advocates (Amendment) Bill, 2017.

BCI’s objections

BCI has condemned those proposals that deter lawyers from going on strike and also those that allow entry of foreign law firms and lawyers to practice in India. According to BCI, the Law Commission has hastily prepared the amendment bill without waiting for its final suggestions. It has stated that all the proposed amendments will take away the freedom of lawyers to practice fearlessly in the court proceedings.

The Law Commission as a part of its recommendations has proposed that the bar council(s) should comprise one non-lawyer member so that it can be made sure that effective actions are taken against lawyers indulging in professional misconduct. BCI has vehemently opposed this demand too. It says that this provision will destroy the autonomy of the state council and the Bar Council of India.

Law Commission’s Response

According to Law Commission, the recommendations was worked out after receiving the suggestions of the BCI, which clearly supported for imposing punitive action against those lawyers who go on strike causing inconvenience to the litigants and the justice delivery system.

Law Commission also feels that if medical councils, press councils and other institutions can have members from other fields then bar councils can also have non-lawyers as members so as to to usher in accountability in the system.

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Satya Pal Jain appointed as part time member of 21st Law Commission

Additional Solicitor General of India and former Parliamentarian Satya Pal Jain was appointed as a part-time member of the 21st Law Commission of India.

His appointment is in addition to present charge as an Additional Solicitor General of India.

About Satya Pal Jain

  • Satya Pal Jain is a noted constitution lawyer and senior BJP leader.
  • He also had served as the Dean of the Law Faculty of Panjab University and presently is a Member of the Panjab University Senate.
  • He has been a lawyer in various important civil and criminal cases, Presidential election disputes, Liberhan Commission of Enquiry, various election petitions and other important civil and criminal cases.
  • He was elected Member of Parliament (MP) from Chandigarh in 1996 (11th Lok Sabha) and 1998 (12th Lok Sabha).

Background

  • President Pranab Mukherjee had constituted the 21st Law Commission of India in September 2015.
  • Retired Judge of the Supreme Court Justice B S Chauhan was appointed as its Chairman.
  • Besides, Retired judge of Gujarat High Court Justice Ravi R Tripathi and Bimal N Patel Director, GNLU were nominated members of this Commission.

About Law Commission of India (LCI)

  • The LCI is a non-statutory and non-constitutional body constituted by the Union Government from time to time.
  • The first commission was constituted in 1955 and since then various commissions were re-constituted every three years.
  • It is usually headed by a retired Supreme Court judge or former Chief Justice of a high court.
  • So far, various Law Commissions have submitted 262 reports to make important contribution towards codification and progressive development of laws of the country.
  • The Secretary Department of Legal Affairs and Secretary, Legislature Department of Union Ministry of Law & Justice are ex-officio members of the Commission.

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Justice Balbir Singh Chauhan appointed as Chairman of 21st Law Commission of India

The Union Government has appointed former Supreme Court (SC) judge Justice Balbir Singh Chauhan (66) as Chairman of the 21st Law Commission of India (LCI).

Currently he is Chairman of the Cauvery River Water Disputes Tribunal. He was judge of the SC from May 2009 to July 2014. He also had served as Chief Justice of Orissa high court from July 2008 to May 2009.

Apart from him, Union Government has appointed former judge of the Gujarat high court Justice Ravi R Tripathi as member of 21st LCI.

Background

  • Earlier in September 2015, Union Government had constituted 21st LCI for period of 3 years with effect from 1 September 2015 to 31 August 2018.
  • Composition: (i) Chairperson (full-time), (ii) Four Members (full-time). It will include a Member-Secretary. (iii) 3 Secretaries: Department of Legal Affairs, Legislative Department and Legislative Department as ex offcio Members. (iv) Up to 5 part-time Members.
  • Recommendations: 21st LCI will give its major recommendations on a review of the Indian Penal Code (IPC), the criminal justice system and the bail law in order to ensure uniformity in the procedure of granting the relief.

About Law Commission of India (LCI)

  • The LCI is a non-statutory and non-constitutional body constituted by the Union Government from time to time.
  • The first commission was constituted in 1955 and since then various commissions were re-constituted every three years.
  • It is usually headed by a retired Supreme Court judge or former Chief Justice of a high court.
  • So far, various Law Commissions have submitted 262 reports to make important contribution towards codification and progressive development of laws of the country.

The 20th LCI was headed by Justice A P Shah, Former Chief Justice (CJ) of Delhi High Court and its tenure ended on 31 August, 2015.

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