Author: Chethan

Law Commission of India

Law is a continually evolving field and changes according to temporal and societal changes. Law making is an arduous task since it has to ensure the welfare of diverse  people and in addition, not affect the rights and liberties of certain sections. The Law Commission of India is, by nature, an executive organization, established by an order of the Government of India. Performing the important functions of reforming laws, it consists of experts, jurists, judges assigned by the Government. The goal of Law Commission of India is to ensure peace, security, and justice by ensuring the laws are fair and just. Also, the Law Commission of India works as an advisory organ to the Ministerial Department of Law and Justice. Every Law Commission lasts for five years. Law commission of India works as think tank and performs the functions of reviewing laws and suggesting recommendations or reforms to be introduced in the existing laws. 

Legal reforms, in the past, have been suggested by people like M.C Setalvad, Justice H.R Khanna, Justice Gajendradhakar who have headed the law commission. In India, the Law Commission was set up to examine laws and suggest reforms. It was given the task of legal reform. The formation of this commission ensured that the organs of the government could not pass laws arbitrarily. Laws passed by the Government are scrutinized and checked if it is really beneficial for people or not. It was constituted in the nineteenth century during the colonial government. In independent India, the first law commission was established in the year 1955. Its term was for three years. Twenty two commission have been established after independence. 

Composition

The Law Commission of India acts as advisory body to the Government of India, and the Ministry of Law and Justice. The Law Commission of India has no statutory force and legal status. It is usually headed by the retired judge (Supreme Court) or by the Chief Justice of the High Court. It consists of four full time officers. This includes a member secretary and the Chairman. The ex officio members of the Commission are the legal and legislative secretaries of the Ministry of Law and Justice. The Law Commission following the order of the Government of India or by virtue of its own position examines law with regards to its applicability and drawbacks. Then, the commission suggests certain reforms or enactment of a legislation. It undertakes researches related to laws and suggests reforms in the judicial system. 

Functions and Powers

The Law Commission of India consists of approximately twelve staffs, who are researchers, possessing adequate experience. The commission organizes meeting regularly to discuss the findings or for the purpose of presentation of reports. The initiation of several projects also takes place in the meetings. The committee then fixes on certain issues and starts working on them. The meeting also results in an outline or framework of research. The proceedings take place according to the framework. The members then unanimously agree on certain aspects and a smooth progress of work is ensured. After this process, the paper is prepared and presented before the members of the committee. The circulation of the prepared paper among the members takes place. The members then submit their opinions, views and comments regarding the paper. The overall view is also assessed through a questionnaire, which is circulated among the members asking their reaction and feedback. It aims to widen the area of feedback and reaction by sending it to certain professionals, academic institutions and other expert for the process of consultation. All this happens prior to submitting the proposals for legal reforms. As an addition, workshops, webinars, seminare are organized for the purpose of knowing the comments of critics and general view about the suggested reforms.

After the process of data collection, the staff members of the Commission involve in the process of evaluation and organization of data. The collected data is organized in a chronological order for the purpose of appropriate introduction in the report. The overall report is prepared by one of the Member Secretary or the Chairman of the Commission or any other members. After the completion of this process, the prepared report is presented for discussion before the meeting and is discussed by all the members of the committee. The findings and summary are analysed. Then, the report is confirmed and a summary is prepared. After the finalisation of the report and summary, the law commission has the option to start working on the preparation of a draft. The draft regarding reforms, amendments or a proposal for a new bill will be attached to the overall report. The finalised report then is sent to the Government of India for approval. 

The role of the Law Commission of India is a significant one in the field of legal reform. In the past, it has been led by able personalities like M.C Setalvad, Justice H.R Khanna, and Nani Palkhivala. The commissions headed by these people have submitted suggestions and reforms of great importance. The system of fast track courts, commercial courts expansion, electoral reforms, the introduction of anti-defection law, reforms as to many legal provisions related to criminal and civil law are but a few examples of the achievements of the Law Commission of India in the past. More often than not, the post of the Chairman of the Law Commission is offered to the retired judge of the Supreme Court or the former Chief justice of High Court. The Government of India is responsible for making such decisions. In the past, the governments have been criticised for showing partiality by many people. The government also has been criticised for not implementing the reforms suggested by the law commission, for not granting the commission a statutory status, for not providing a back up research team. Some of these also have contributed in the decreasing quality and less implementation of the reports submitted by the Law Commission of India recently.

The society, over the years, has become more complex. In this complex society, the role and functions of a government have increased manifold. The government has become a positive character to ensure public welfare. This has led to increase in power and responsibility in the hands of the executive organ of the government. As a result of these changes, the relationship and interaction between people and executive organizations has increased and has become complex and complicated. These organizations or bodies have the ability to influence the rights of people. Therefore, there is a need to formulate processes and techniques to deal with the citizens and find appropriate solutions to new problems. Another major concern for administrative law is to monitor the usage of discretionary power by these bodies. These bodies are also more flexible than other organs and their functioning has to be monitored carefully. Time and again, the law commission reports too have talked about the growth and need for administrative law in the current society.

Drawbacks

The work carried out by the Law Commission of India is an important one. It was given a lot of importance by legal experts in the past. However, there are certain drawbacks in the working and the system of the Law Commission. One of a major drawback for the commission is, though it is a national body, it lacks proper composition. Issues like no defined set of eligibility criteria for the posts like chairman, secretary, and other staffs. The commission also has no defined functions, leaving all important appointments and decision to the discretion of the government. The Law Commission’s terms of reference are constituted every time during its appointment. While other commissions are regulated by the Indian Constitution, the Law Commission of India is subjected to casual treatment. Other commissions are regulated by a Charter. It is the central government that decides the appointment of position and generally judges from the Supreme Court and the High Courts are selected for the posts. It is subjected indifferent treatment by the central government. It lacks a statutory status, and needs strict regulations regarding appointment of members and functions of the body. Another problem that the commission faces is lack of finance. The part time staffs of the Law Commission are not paid any salary for their work. The remuneration of other staffs is generally low. The central governments allots the commission less budget, as a result which the commission faces financial issues. It struggles with management due to low funds as the running of the commission requires finance for meeting salary expenses, travel expenses, expenses for research anf other miscellaneous expenses. It requires adequate finance for proper functioning. Another major drawback for the Law Commission of India is the respect the Government pays for the reforms suggested by the body. There are issues regarding the implementation of reforms recommended by the committee. As discussed earlier, the rate of implementation is only forty five percent. The quality of research has increased a lot over the years. The research team of the commission is backed by certain legal centres and educational institutions. The Law Commission of India receives a lot direct and indirect support from these institutions. The commission is let down by the government as the implementation of reforms is poor. There is a strong need for strengthening the Law Commission of India for ensuring better legal reforms.

On Eating – The Ayurvedic Perspective

“When one’s food is pure, one’s being becomes pure” – Chandogya Upanishad

Our eating habits of today have largely been effected by the modern way of life. Eating in the right way has a great effect on one’s feelings, energy, mood and overall health. In this article, let us look at what ayurveda has to say about eating.

Great ideas that have changed the world were born out of observation. People who were great observers of the external world have contributed significantly in all the fields. In a similar manner, Ayurveda is the knowledge given to us by sages who observed the internal world. The perspective of Ayurveda on eating is an interesting one and is based on the observations of the internal body.

According to ayurveda, more than 90% of the diseases arise from the stomach and it suggests certain practices for proper digestion. Ayurveda classifies food into three types based on its qualities – Goodness(fruits and vegetables), passion(foods that are bitter, sour, salty, dry and pungent)and ignorance(meat, processed food). These foods also impact the state of mind. It advises to prefer foods of the quality of goodness. According to ayurveda, the digestive fire called agni is responsible for the process of digestion. The digestive fire is strong when the sun is at its peak. For this reason, it advises to eat like a prince in the morning, like a king in the noon and like a pauper in the evening. It strictly advises to not eat post sunset so that body can focus on healing rather than digesting food. Ayurveda also advises to eat at fixed times so that it becomes a habit and digestion is optimal. It advises a gap of 4 hours between meals and advises against snacking.

Ayurveda also advises against certain food combinations. Milk with other oily foods, fruits and other food items, uncooked and cooked food, milk and vegetables and acidic fruits with alkaline fruits. It advises strictly against consuming fruits, curd, radish and banana post sunset.

As ayurveda believes in the connection between the mind and the gut, it prescribes mindful eating and eating in a pleasant atmosphere. It also advises against overeating as it burdens the digestive system and leads to the build up of toxins. Ayurveda advises to drink warm water. It is beneficial if warm water is consumed upon waking up and quantity of water depends on thirst. It advises not to drink water after meals as water extinguishes the digestive fire(water can be consumed after 1hr of having meals).

Other eating habits prescribed by ayurved include – avoiding eating while standing, avoiding eating while doing other works, to wait for 5 minutes after eating and get up immediately , standing and drinking water, eating slowly and chewing properly. It advises to stop eating after a burp(is seen as a signal from body) and this can be used as a measurement of how much to eat. It advises the inclusion of all 6 tastes for eliminating unwanted cravings and better digestion. Eating processed foods affect the digestion and should be avoided. Ayurveda believes fasting as a highly beneficial habit and can be done occasionally. During fasting the body is detoxified. Following these habits will ensure longevity and quality of life.

Looking back on some Great Cricketers of a bygone age

With the first ICC Test Championship Final just around the corner, let us look at some of the less remembered greats of the game.

George Headley

For a common cricket follower of today’s time – Lara, Richards, Chanderpaul and Gary Sobers – are the poster boys of the legendary West Indian batsmanship. To the fan of the game before World War II, it’ll always be George Headley. The record holder for the highest individual test score by a West Indies batsman was born at Panama on May 30, 1909. With none to coach him during his early days, he trained himself in the aspects of batsmanship. Known for his impeccable timing, he made a name for himself with some fine performances during the Australian tour of 1930/31. The experts of the day were astonished at his timing and placement. In addition to his mastery of batsmanship, he was also a part timer and a great fielder. He finished his test career with an average of 60.8. It won’t be further from truth to say that he was the beginning of what was to come in the history of West Indies cricket.

Wally Hammond

The great legend of English cricket was born at Dover in the year 1903. He began playing cricket at the age of eight. As was not uncommon in those days, he was yet another example of an autodidact. After witnessing some of his knocks for his county team, the watchers were left with no doubt about his skill and went back home with their mind filled with expectations. His career did justify these great expectations. Loved for his aggressive and stylish batting, he contributed significantly to his team’s performance. His numbers at the end of his career are impressive – 50, 511 first class runs at 56.10 with 167 centuries. However, he was largely overshadowed by the greatness of Sir Don Bradman during his career.

Douglas Jardine

The former captain of England Test Cricket Team is remembered by history for reasons other than his batsmanship. Douglas Jardine was born at Bombay in the year 1900 and was coached by his father, also a cricketer, in his early days. Though he impressed with his fine batting performances in the Australian tour of 1928/29, it is for his role as a captain in the series four year later he is remembered by the Australia crowd. Armed with the pace of H Larwood and Voce, he countered the threat of the intimidating Australian batting by targetting their body with bouncers. This series is known as the bodyline series for this reason. This tactic was not well received by the Australian crowd and the cricket board. He was called as “The Iron Duke” for his rock like character.

Victor Trumper

Regarded as a great batsman by his contemporaries and now forgotten by many in world cricket, Victor Trumper was the first of many great batsmen from Australia. The early period of cricket history is notorious for its bad pitches. It was on these tracks Trumper astonished many with his batting. He was the first to score a hundred before lunch. His mates, who marvelled at his batting on sticky wickets, opined that he was worth 3 wickets on these tracks. He was known for his big hitting. Also an outstanding fielder to boot, he was an indispensable part of the team. He dies at a young age of 37.

Palwankar Baloo

Palwankar Baloo, the first Indian Dalit cricketer, was also a great slow bowler. He is regarded as the first great Indian cricketer. He rose through the ranks from doing ground duties and bowling in the nets at a club to the leader of the attack of whichever team he represented. On his first tour of England, he picked over 200 wickets at an incredible average of 13 apiece. His struggles were more off the field than on the field. Hailing from a lower caste family, he was a victim of caste discrimination and untouchability. He conquered these inequalities through his skill in the game. He later on became a politician to fight for the rights of the depressed. Another interesting fact about him is that he also contested against Dr. B. R. Ambedkar in an electon and lost it by over 2000 votes. He was a role model for the depressed classed. His contributions as a cricketer and a politician will be remembered by history for a long time.

Looking Back on Five Great Cricketers of a Bygone Age

With the first final of the World Test Championship just around the corner, let us look at some of the less remembered greats of the game.

George Headley

For a common cricket follower of today – Lara, Viv Richards, Chanderpaul, Haynes – are the poster boys of legendary West Indian batsmanship. To the fan of the game before World War II, however, it’ll always be George Headley. The record holder for the test score by a West Indies batsman was born at Panama on May 30, 1909. With none to coach him during his early days, he taught himself the aspects of the game. Known for his impeccable timing, he made a name for himself during the Australian tour of 1930/31. The experts of the day were astonished at his timing and placement. In addition to his mastery of batsmanship, he was also a part time bowler and a great fielder. It won’t be further from truth to say that he the beginning of what was to come in the history of West Indies cricket.

Wally Hammond


The great legend of English cricket was born at Dover in the year 1903. He began playing cricket at the age of 8. As was not uncommon in those days, he was a yet another example of an autodidact. After witnessing some of his performance for his county team, the watchers were left with no doubt regarding his talent and went back home with their mind filled with expectations. His career did justify the great expectations. Loved for his aggressive and stylish batting, he was a significant contributor to his team’s performances. His numbers at the end of his career were impressive – 50,511 first class runs at an average of 56.10 with 167 centuries. He was overshadowed by the greatness of Sir Don Bradman during his career.

Douglas Jardine

The former captain of England test cricket team is remembered by history for reasons other than his batsmanship. Douglas Jardine was born at Bombay in 1900 and was coached by his father, also a cricketer, during his early days. Though he impressed with fine batting performances in the Australian tour of 1928/29, it is for his role as a captain in the tour four years later that the Australians remember him. Armed with the pace of H Larwood and Voce, he countered the threat of an intimidating Australian batting order by targetting their body with bouncers. This series is known as the bodyline series for this reason. This tactic was not well received by the Australian crowd and the cricket board. He was unperturbed by the angry response of the crowd and the board. He was called as “The Iron Duke” for his rock like character.

Victor Trumper

Regarded as a great batsman by his contemporaries, but now forgotten by many in the cricket world, Victor Trumper was the first of many great cricketing batters from Australia. The early period of cricket history is notorious for its terrible pitches. It was on these tracks Trumper astonished many with his batting performances. He was the first to score a hundred before lunch. His mates, who marvelled at his batting on sticky wickets, opined that he was worth 3 wickets. He was also known for his big hitting. Also an outstanding fielder to boot, he was a significant part of the team. Victor Trumper died at a young age of 37.

Palwankar Baloo

Palwankar Baloo, the first Indian Dalit cricketer, was also a great slow bowler. He is regarded as the first great of Indian cricket. He rose through the ranks from doing ground duties and bowling in the nets at a club to the leader of the attack of whichever team he represented. On his first tour to England, he picked over 200 wickets at an incredible average of 13 apiece. Hailing from a low caste family, his stuggles were more off the field than on the field. He conquered these inequalities through his skill in the game. He later on became a politician to fight for the rights of the depressed. Another interesting highlight of his life was that he contested against Dr. B. R. Ambedkar in an election and lost it by over 2000 votes. He was a role model for the depressed classes during his time. His contributions as a cricketer and a politician will be remembered for a long time to come.