When does a law get updated and how?

Law Commission of India is an executive body established by the Government of India. Its major function is to work for legal reforms in the country. While reforming the law, the Law Commission does not just propose new laws. It also proposes the amendment and repealing of laws that have become obsolete. The Law Commission periodically identifies laws which are no longer needed or relevant and can be immediately repealed or which are not in harmony with  the existing climate of economic liberalisation and need change. ¹

The projects undertaken by the Commission are initiated in the Commission’s meetings where priorities are discussed, topics are identified and preparatory work is assigned. Depending upon the nature and scope of the topic, different methodologies for collection of data and research are adopted keeping the scope of the proposal for reform in mind.

Once the data and informed views are assembled, the Commission evaluates them and organises the information for appropriate introduction in the report. After close scrutiny of the report, it is finalised, the Commission may decide to prepare a draft amendment or a new bill which may be appended to its report. Thereafter, the final report is forwarded to the Government. Alternatively, Members of Parliament can initiate Private Member Bills for introducing amendments or repealing an act. Ministries also invite comments and suggestions on the drafts of the Bills from the general public.

The Parliament has the power for amending laws at the Central level and  the Legislature Assembly does that at the State Level. An amendment to the existing law is proposed in the Parliament as an Amendment Bill, and when passed by Parliament, becomes an (Amendment) Act. This Act is then given the President’s assent, and after being notified, becomes the law of the land.

1. Early Beginnings, Law Commission of India, available at http://www.lawcommissionofindia.nic.in/main.htm#a1[↩]