23rd Law Commission India
23rd Law Commission Constituted: Key Agendas and Objectives
The Indian government has established the 23rd Law Commission with a broad mandate, including examining a Uniform Civil Code (UCC), laws affecting the economically disadvantaged, and reviewing existing statutes to promote gender equality. This move aligns with the long-standing objectives outlined in the BJP’s political manifesto and addresses critical areas that impact the socio-economic fabric of the nation.
Mandate of the 23rd Law Commission
According to an order issued by the Ministry of Law, the Commission’s terms of reference include examining current laws in light of the Directive Principles of State Policy. The Commission is tasked with suggesting reforms and recommending necessary legislations to fulfill the objectives outlined in the Preamble of the Indian Constitution. A significant component of this mandate is the exploration of the Uniform Civil Code (UCC), which has been a recurring agenda in BJP’s manifestos.
Focus on Uniform Civil Code
Article 44 of the Indian Constitut
ion, under the Directive Principles of State Policy, mandates the State to secure a Uniform Civil Code for all citizens. The UCC aims to standardize laws across the country, irrespective of religion, in areas such as marriage, inheritance, adoption, and succession. The idea is to replace personal laws with a common set of rules that apply to all citizens, thereby promoting equality and uniformity.
The pursuit of a UCC has been contentious, with previous Law Commissions taking varied stances. The 21st Law Commission had previously suggested that instead of a UCC, discriminatory laws should be addressed individually, noting that the diversity of Indian culture should be celebrated and not suppressed. The 22nd Law Commission had started consultations on the UCC, gathering inputs from a wide spectrum of society. However, their report remains incomplete due to the appointment of Justice (retd) Ritu Raj Awasthi, who was heading the panel, to the anti-corruption watchdog Lokpal.
Laws Affecting the Poor and Economic Reforms
Another critical focus of the 23rd Law Commission is identifying laws that adversely affect economically weaker sections and proposing amendments to harmonize these laws with contemporary economic needs. The Commission will also conduct post-enactment audits of socio-economic legislation to ensure that these laws serve their intended purpose and do not inadvertently harm the poor.
Furthermore, the Commission has been tasked with implementing measures to leverage legal processes in favor of the poor, ensuring that the justice system works to uplift the most vulnerable sections of society. This directive is part of a broader push to make legal systems more accessible and responsive to the needs of all citizens, particularly those at the bottom of the socio-economic ladder.
Constitution and Structure of the 23rd Law Commission
The newly constituted Law Commission will serve for a period of three years, with provisions allowing for the appointment of serving Supreme Court and High Court judges as chairperson and members. The Commission will include a full-time chairperson and four full-time members, along with ex-officio members from the Department of Legal Affairs and the Legislative Department. The order specifies that there can be no more than five part-time members.
The Commission advises the government on complex legal issues, playing a crucial role in shaping the legal landscape of the country. The appointment process for the chairperson and members has commenced, following the expiry of the term of the 22nd Law Commission on August 31. Notably, while past notifications had provisions for appointing serving judges, recent practice has seen the Commission headed by retired top court judges or former Chief Justices of High Courts.
Financial Provisions for Commission Members
The order also outlines the financial remuneration for the chairperson and members of the 23rd Law Commission. A full-time chairperson who is a retired judge will receive a fixed pay of ₹2.50 lakh per month, while full-time members will receive ₹2.25 lakh per month. For those still serving as judges, the remuneration will be considered as part of their actual service until their retirement or the end of the Commission’s term, whichever comes first.
Past Efforts and Future Directions
The 22nd Law Commission’s tenure ended with its report on simultaneous elections ready but pending submission to the law ministry due to the absence of a chairperson. The 21st Law Commission had also made significant contributions, including issuing a consultation paper on ‘Reforms of Family Law’ in 2018, highlighting the complexities and sensitivities around implementing a UCC in a culturally diverse nation.
The newly constituted 23rd Law Commission has a broad and ambitious mandate that could potentially lead to significant legal reforms in India. Its work will be closely watched as it addresses some of the most pressing legal issues of the day, including the contentious UCC and laws impacting the poor.
Disclaimer:
This article is based on the terms of reference for the 23rd Law Commission as outlined by the Ministry of Law. The Commission’s findings and recommendations are subject to further developments and official announcements. Readers are advised to consult official sources for the latest updates on the Commission’s work and its impact on Indian law and society.