Law Commission of India and Its Importance

The Law commission of India is a government authorized organization that is formed in conformity with the Indian laws. Primarily engaged in carrying out legal reforms, this government agency also acts as an advisory body to the Ministry of Law and Justice.

The first Commission of Law, formed in 1834 and led by Lord Macaulay, had proposed for the codification of the two important legislation’s, the Penal Code and the Criminal Procedure Code. However, after independence, the Law Commission was formed again in 1955 and led by the Attorney-General Mr. M. C. Setalvad.

Things to Know about the Law Commission in India

The members of the Commission of Law comprise expert research personnel and legal professionals. The Commission invites suggestions and inputs from the public, and organizes seminars and workshops throughout the country for collecting inputs for legal reform proposals.

After collecting the requisite data, it is filtered and evaluated by the Law Commission’s staff. A detailed report is prepared by a Law Commission member on the basis of the information collected.

The report is thoroughly analyzed in the Commission’s meetings, which may last for hours. The finalization of the report is done after a consensus is reached among the members.

After finalization, the commission may decide on drafting amendments or recommending a new bill. Finally, the report, and the bill or the amendment is submitted to the government of India.

The Law Commission has implemented various strategies to collect valuable information and inputs from the public. The current Law Commission of India is led by Justice P. V. Reddi. You may mail your suggestions at the official e-mail id [email protected] addressed to Dr. Brahm A. Agrawal, the Member-Secretary of the Commission of Law.

What You Should Know About Commission Agreements

Many new businesses and start-ups find themselves discussing the legalities of a commission agreement but what exactly is it? What should you know before signing and how can you make a commission agreement work in your favour?

A Commission Agreement is a legal agreement between two parties where an Introducer brings clients to a business. The relationship benefits both parties because the Introducer is paid a Commission for introducing clients and the business (supplier) has the opportunity to increase sales. The agreement sets out how both parties will benefit from this arrangement.

A Commission Agreement is in some ways an agency agreement, where the Introducer is independent but acts on behalf of the Supplier. The Introducer cannot sign contracts on the Supplier’s behalf and does not sell their products or services. The relationship is purely about making the introduction and once this has happened the Supplier takes over the client relationship and makes the sale.

It basically sets out the nature of the relationship between the Introducer and Supplier and clearly states the rights and obligations of both parties. Under this Commission Agreement the Introducer is only paid once the new client enters into a contract with the Supplier. It is favoured as it allows flexibility in how Commission will be calculated, which is generally based on the income that the Supplier receives from the new client during a specified period of time, known as the Introduction Period.

It will cover introductions made when the agreement was in force even if the contract is later terminated. This means that Commission cannot be reneged on, which protects the Introducer. The Agreement also ensures that payments are only made to the Introducer on income that is actually received by the Supplier, which protects the Supplier in the event that they do not receive any or all of money due.

When written in plain English, it provides for a complete statement of the limits of the Introducer’s authority and sets a boundary between the two parties so that the Supplier avoids any unexpected obligations under the arrangements. It also makes clear what the Introducer’s authority will be when marketing to potential clients, e.g. within a certain sector or geographical area. This avoids situations where the Introducer oversteps their authority and also prevents competition with the Supplier’s own sales or marketing initiatives.

Many legal firms will supply a template for Commission Agreements, when choosing this avenue for your own ensure that it complies with the latest legislation. This includes the Bribery Act of 2010.

Surrogacy: The Legal and Ethical Issues

The ever-raising pervasiveness of sterility world has lead to the advancement of Assisted Reproductive Technique (ART) treatments. Herein, the surrogacy comes as an alternative where the sterile couples can have the baby through this process. Surrogacy is an agreement where a substitute mother bears and delivers a baby for commissioning couple. Gestational surrogacy is the most common type of surrogacy arrangement which is also considered legal by many state laws. In gestational surrogacy, an embryo, which is fertilized by In-Vitro Fertilization (IVF), is implanted into the uterus of a substitute mother who carries pregnancy for nine months and delivers a healthy baby. In traditional surrogacy, which is not popular and also considered illegal by many state laws, the substitute mother is impregnated by the sperms of commissioning father by Artificial Insemination (AI) therapy. In traditional surrogacy process, the substitute mother is genetically connected to the new-born. Therefore, this type of surrogacy is banned by most of the state laws.

At a glance, the surrogacy process seems to be very attractive alternative for poor women as they get good money by this process. The commissioning couples get their long desired biologically connected baby, but the real fact divulges the bitter truth. In most of countries like England, Germany, Sweden, Norway and Italy, surrogacy and surrogate agreements are considered illegal. These countries do not allow both types of surrogacy. Therefore, infertile couples from these countries move to India, United States of America, Ukraine and California where the surrogacy is considered legal. However, it is painful to know that none of these countries have proper legislation for surrogacy. Due to lack of proper legislation and transparency in the system, both commissioning couples and surrogate mother are exploited and profit is earned by the middlemen. There may be chances of getting involved in legal problems as none of these countries have regulations and transparency in laws governing surrogacy.

When the commissioning couples visit other countries to realize their dreams of parenthood by having a biological baby, they need to fight a long legal battle by crossing the language and cultural barrier to get their baby. Even if everything goes well with the commissioning couples, they need to stay at least two to three months to complete the required formalities after the birth of a new-born. While the intended couples face all these difficulties, surrogate mothers have another set of problems. The things with the surrogate mothers are even worse and unethical. If the substitutes are selected from rural background, the middlemen exploit them constantly. Sometimes, these ladies even don’t get complete compensation paid by the intended parents.

In conclusion, we can say that, if commissioning couple desire to have their own biological child, they need to contact the best agency where they will be guided legally and ethically, where the agencies conduct psychological screening and legal counselling for surrogate mothers (mandatory in the US). If you succeed in finding the best agency, then you can realize your dreams of parenthood without any legal and ethical difficulties.