Role of Law Commission: the Machinery of Law Reform
Universally, around the world, The Law Commissions are established with a purpose of drafting and amending the laws. In Nepal, for the first time it was established in 1953 as per the executive order. In the beginning it was known as Nepal Law Reform Commission and later on it got named as Nepal Law Commission.
Law Commission or law reform commission is an independent body constructed by the government to conduct the acts like :-
- law reform.
- make recommendations.
- make proposals of legal change.
Major functions of Law Commission are:-
- To draft the revised versions of confused law.
- To draft a consolidated version of law.
- To make recommendations on updating the laws which have been outdated.
- To recommend repeal of absolute law.
Nepal Law Commission Act 2007 A.D.
According to Preamble it has mentioned that the commission has established for:-
- Drafting of law.
- Codification of law.
- Amending of law.
- Conducting study and research on Law and justice.
- Justification and review of previous laws.
Section 10: Function, duty power of Nepal Law Commission
- To study and conduct research on ensuring new laws.
- Suggest amendment on the existing law as per the need.
- Prepare necessary draft for the codification of law.
- Review and unify the prevailing laws.
- Submit draft regarding enactment of new laws.
- Prepare draft regarding amendment of existing laws.
- To conduct study on the laws that are contradictory to human rights and then it recommends the government.
- Suggest the government for inclusion of provisions of covenant of international treaties.
- Facilitate to seek public opinion and collect public opinion, views and suggestions.
- It takes expert opinion in regard to making special types of laws.
- To make study about the laws that are absolute in nature and contradictory to each other.
- Provide a draft or suggestion to the Government of Nepal for inclusion of international agreement.
Process of discussion on consultation paper by Nepal Law Commission
- Initiation of task
- Formation of work team
- Preparation of consultation paper
- Organizing workshop and seminar
- Final report and draft bills
- Submission to government for final action
Historical in Context of Nepal.
- Law Commission 2010.
- Law Commission 2017.
- Law Commission 2020.
- Law Commission 2029.
- Law Reform commission 2036.
- Nepal Law Reform Commission 2041.
- Nepal Law Commission 2063.
Prepared and Edited by: Manish Rajak & Madhu Dahal
