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Law Commission of India (LCI)

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December 04, 2025

Prelims: Current events of national and international importance | Polity & Governance

Why in news?

The 23rd Law Commission (LC) says the simultaneous polls bill can become law with just Parliament’s approval, without needing states to ratify it by at least 50% of the state legislatures.

  • 1st Law Commission of independent India – Established in - 1955 for a 3-year term under the chairmanship of M. C. Setalvad (former Attorney General for India).
  • Law Commission – It is a non-statutory advisory body, established by a notification from the Ministry of Law and Justice for a specific tenure to conduct legal research for reforms. 
  • Established in - 1834, under the Charter Act of 1833, with Lord Macaulay serving as its chairman.
  • Tenure – It is reconstituted for a fixed period, typically 3 years, with its terms of reference defined in the notification.
  • Composition – It includes a full-time chairperson, full-time members, ex-officio members (like the Secretary of the Department of Legal Affairs), and part-time members.
  • Function – The Law Commission functions as India’s legal think tank, combining research, consultation, and drafting to recommend reforms that strengthen the rule of law and modernize statutes.

Quick Fact

23rd Law Commission
  • Composition - Chairman, 4 full-time members (including the Member-Secretary), 2 ex-officio members (Secretaries of Legal Affairs and Legislative Departments), and up to 5 part-time members.
      • Chairman – Justice Dinesh Maheshwari (retd).
  • Opinion For holding simultaneous polls – It does not require ratification by at least 50% of the state legislatures – Because
    • The bill falls under Parliament's power to make laws which does not entail ratification by States.
    • Also, the proposed amendment does not disturb the basic structure of the Constitution in any way.
    • Any curtailment of the term of the House(s) by the proposed amendment does not violate the basic structure of the Constitution.
    • Indian federalism is not compartmentalized but designed as a “weaving together” of units with a strong Centre as pivot.

References

  1. The Hindu |LC to brief joint committee of Parliament on simultaneous polls
  2. Law Commission of India | Law Commission
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