Law Commission Recommendations in India

An effective Judicial System requires not that just results be reached but that they are reached swiftly. The problems identified by the Judiciary are increasing institution of cases, monitoring arrears and inevitable law delays have given rise to a body of scientific and rational blueprints. In terms of institutional organisation, procedural methods, or in terms of assessment of Judicial man power requirements,

(1)  The creation of a special cell of experts in the fields of Judicial Administration, Information Technology, Human Resources Development, Management and Administration was proposed. Such a special cell would not only formulate a National Policy on Computerisation and the Administrative Reforms in the Indian Judiciary, but also advise on Technological Communication and Management related changes in the country as a whole and the Supreme Court in particular. It would plan, advice and oversee the implementation of schemes.

(2) The Government has collaborated with Asian Development Bank to make a sectorial diagnostic assessment of case management in Delhi Courts. The objective of this project is to assist in the reduction of congestion in the Delhi Courts and to develop a sustainable delivery system for speedy and quality Justice. The project has been put to test in 30 Pilot Courts in Delhi and it would be adopted in all other courts in India in a phased manner.

(3) The development of Justice has in collaboration with United National Development Programme. A new project was launched to identify barriers to Justice as perceived by the marginalised sections of the society and evolve strategies that would make Justice Pro-poor and gender sensitive.

(4) National Judicial Academy at Bhopal is entrusted with the task of conducting the research in seven states in Ist Phase and to extend it to the all other states in a phased manner. This will work towards demand side strategies for removal of barriers. 

(5) Law Commission : The Law Commission proposed several reports with far-reaching implications for the Justice Delivery System in the country. Even, those reports are recommendatory in nature but those reports are prepared after undertaking extensive study of a problem, extent of its consequences, to suggest remedial measures. 

The Law Commission comprise of experienced (retired) Supreme Court Judges, as Chairman and Expert in Law as Members. Some of the reports / recommendations of Law Commission are furnished as follows.,

(1) In its 180th report – recommendations made in the High-Tech, Fast-Track commercial division of the High Court.
(2) The Environmental Courts Report. (186th Report)
(3) In its 178th Report, it suggested non-controversial changes in several Civil and Criminal Laws, in transfer of Property Act, specifies Relief Act, Motor Vehicles Act, etc to bring a significant change to speed up Justice delivery system in India.
(4) In its 1961 Report, it clarified- Rule of Law and the Role of the Judiciary as essential to the orderly development of democracy in India.
(5) In the 14th Report (1958), 176th Report and 121 Report, the Law Commission suggested for number of Judges in the Supreme Court, the enquiries on Conduct of Judges, appointment of High Court Judges, and constitution of a Broad Based National Judicial Commission.
(6) In 120th Report (in 1989), recommended on Management and Planning in Judiciary, recommended for increase of strength of Judges from 10.5 to 50 per Million population, and 107 Judges per Million populations by the year 2000.
From time to time, the Law Commission has been preparing Reports on the problems faced by the Judiciary in India.


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