The government has established the 23rd Law Commission with a mandate to address several critical legal issues, including the Uniform Civil Code (UCC), laws impacting the economically disadvantaged, and the examination of existing statutes to promote gender equality. The new commission’s terms of reference are designed to align with the broader objectives outlined in the Constitution’s Directive Principles of State Policy.
Directive Principles and Legislative Reforms
According to a recent order by the Law Ministry, one of the primary responsibilities of the 23rd Law Commission is to “Examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution.” This directive emphasizes the Commission’s role in shaping laws that reflect constitutional ideals.
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Uniform Civil Code and Its Constitutional Basis
Article 44 of the Constitution, under the Directive Principles of State Policy, states that it is the State’s duty to secure a Uniform Civil Code across India. The UCC aims to create a common set of laws for all citizens, regardless of religion, particularly in matters such as inheritance, adoption, and succession. The 23rd Law Commission is expected to explore the feasibility of implementing a UCC, a key agenda item in successive BJP manifestos.
22nd Law Commission’s Unfinished Work on UCC
The term of the 22nd Law Commission ended on August 31, without a chairperson in its final months, leaving its key report on the UCC incomplete. The previous commission had initiated consultations on the UCC last year, gathering input from various societal groups before Justice (Retd) Ritu Raj Awasthi, the former chairperson, was appointed to the Lokpal. The 21st Law Commission, operational until August 2018, also examined the UCC and issued a consultation paper on ‘Reforms of Family Law,’ which concluded that imposing a UCC at that stage was “neither necessary nor desirable.”
Simultaneous Elections Report Awaiting Submission
Another significant report prepared by the 22nd Law Commission on the topic of simultaneous elections is ready but awaits submission to the Law Ministry. Officials noted that the report cannot be formally presented without a chairperson, delaying its impact on the ongoing debate over election reforms.
Focus on Laws Impacting the Poor and Economic Relevance
The 23rd Law Commission has also been tasked with identifying outdated laws that do not align with current economic needs and recommending necessary amendments. Additionally, the Commission will conduct post-enactment audits of socio-economic legislation and propose measures to use legal processes in service of the poor, reflecting the government’s commitment to inclusive legal reforms.
Structure and Appointment of the New Law Commission
The newly constituted Law Commission will function for three years and includes provisions for appointing serving judges from the Supreme Court and high courts as chairpersons and members. The panel will consist of a full-time chairperson, four full-time members, and several ex-officio members, including the secretaries of the Department of Legal Affairs and the Legislative Department.
The Law Ministry’s order specified that serving judges of the Supreme Court or high courts who are appointed as chairpersons or members will work on a full-time basis until their retirement or the expiration of the Commission’s term. The new Commission will advise the government on complex legal issues, continuing the tradition of influencing India’s legal landscape through expert recommendations.
Financial Provisions for Members
The order outlined financial provisions for the chairperson and members, with a fixed monthly pay of Rs 2.50 lakh for the chairperson and Rs 2.25 lakh for the members. Retired judges and other eligible individuals appointed to the Commission will receive remuneration that considers their pension or equivalent retirement benefits.
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