COMMISSION OF BHARAT
187. Establishment and Constitution
of the Law Commission of Bharat.
There shall be a Law Commission of India, which shall consist with the Vice-President
of Bharat as its Chairman, and one Executive Chairman.
188. Composition of
the Law Commission of Bharat.
(1) The Law Commission of Bharat shall consist of –
(a) Vice-President as its Chairman;
(b) President shall appoint a retired Supreme Court Judge as acting Chairman of the Law Commission
of Bharat, on the recommendations of the National Judicial Commission, from a penal of three names forwarded by the Four Senior
most Judges, including Chief Justice of Supreme Court;
(c) one member each to be nominated by the Chief Minister of each State, having with the legal
(d) equal number of the persons as nominated by chief ministers, shall be nominated by the
Prime Minister, experts from different areas;
(e) ten members to be nominated by the Bar Council Of India; and
(f) Bar Council of Each State shall appoint one member each.
(2) The term of office of the acting chairman shall be three years from the date of appointment,
and shall be removed in the same manner as may be removed by a Supreme Court Judge.
(3) The term of office of the members to be nominated by the Prime Minister and the Chief
Ministers shall be two years from the date of nomination.
(4) The term of office of the members to be nominated by the Bar Council of Bharat and Bar
Councils of the States shall be one year, from the date of nomination.
(5) No person shall be eligible for appointment or nomination for second term.
(6) No person shall be eligible for any of above appointments or nominations, if he ever has
been charge sheeted for any criminal offence or for making false statement or suffered by any allegations of any type of misconduct.
189. Preparations of the drafts for the Laws by the Law Commission of
(1) On request from
the Central or any State Government or from any individual or suo-moto, Law Commission shall invite public opinion and suggestions
and compiled them before preparation of draft for any law and shall publish.
(2) Draft of any law, which may be passed by the Parliament,
Chairman of the Commission / Vice-President shall place the published draft before Rajya Sabha
and Acting Chairman of the Commission shall hand over it to the Speaker of the Lok Sabha, who shall place the same before
the House. Thereafter such drafts shall be the property of the Parliament, till no decision is taken, even if Lok Sabha is
(3) Draft of any law, which may be passed
by one or more State Assembly, the Acting Chairman of the Commission shall forward such published draft to Speakers of State
Assemblies of each State. Such drafts shall be the property of the respective assembly or assemblies, till no decision is
taken, even, if respective assembly or assemblies dissolved.
190. Rules framed and notified by the Law
Commission of Bharat and its effects.
(1) Commission shall frame Rules relating to every law and
shall notify them, under the hand and seal of the Chairman.
(2) Any Law, whether passed by the Parliament or by any Assembly
shall not be effective, till the Commission notifies necessary Rules.
(3) Rules notified by the Commission shall be mandatory.
(4) Any individual can make suggestions to Commission in
respect of the Rules, pertained to any Law.
191. Rules of Court, etc.
of Bharat, after inviting suggestions from general public, shall frame drafts for the following comprehensive Rules, with
the objective to ensure justice, expedite the Court proceedings and for regulating generally the practice and procedure of
the Court including-
(a) rules as to the persons practicing before the Court;
(b) rules as to the procedure for hearing appeals and other matters pertaining to appeal including
the time within which appeals to the Court are to be entered;
(c) rules as to the proceedings in the Supreme Court and High Court for the enforcement of
any of the rights conferred by Part III;
(d) rules as to the proceedings in the Court for transfer of cases;
(e) rules as to the entertainment of appeals to the Supreme Court;
(f) rules as to the conditions subject to which any judgment pronounced or order made by the
Court may be reviewed and the procedure for such review including the time within which applications to the Court for such
review are to be entered;
(g) rules as to the fees to be charged by lawyers in respect of and relating to any Court
(h) rules as to the granting of the bail;
(i) rules as to stay of the proceedings;
(j) rules providing for the summary determination of any appeal which appears to the Court
to be frivolous or vexatious or brought for the purpose of delay;
(k) rules as to the procedure for inquiries to be conducted by the Supreme Court under any
provision of the Constitution; and
(l) rules as to the appointment of the officers and servants and administration
of the Court.
Draft of the rules
to be prepared by the Law Commission of Bharat to fix minimum number of Judges to sit for the purposes of deciding of any
matter under any jurisdiction of the Court, but in no case the numbers of judges should be less than seven, when Court deciding
any case involving a substantial question of law as to the interpretation of this Constitution.
The Acting Chairman
shall forward every draft prepared under this Article to the Supreme Court for its consideration and to notify such Rules,
with or without any changes in such draft.(4) The Full Bench of the Supreme Court shall take its final decision
within six months from the presentation of such draft by the Law Commission of Bharat.