New Delhi: The government has constituted the 23rd Law Commission which has issues including a uniform civil code, laws which affect the poor and examining existing statutes to promote gender equality as part of its terms of reference.
According to a law ministry order issued late Monday, one of the terms of reference of the law panel 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".
Article 44 under the Directive Principles of State Policy states that it is the duty of the State to secure for the citizens a Uniform Civil Code (UCC) throughout the territory of India. On August 31, the term of the 22nd Law Commission, which was without a chairperson for the past few months, ended with its key report on the UCC still in the works.
The report prepared by the law panel on simultaneous elections is ready and pending submission to the law ministry. People aware of the procedure noted that the report cannot be submitted in the absence of a chairperson. Justice (retd) Ritu Raj Awasthi, who headed the 22nd law panel, was appointed a member of the anti-corruption watchdog Lokpal a few months ago.
Last year, the 22nd commission had initiated fresh consultations on the UCC. After obtaining suggestions from a cross-section of society, it was in the process of preparing a draft report when Justice Awasthi was appointed to the Lokpal. Before that, the 21st Law Commission, which was in operation till August 2018, had examined the issue and solicited the views of all stakeholders on two occasions.
Subsequently, a consultation paper on 'Reforms of Family Law' was issued in 2018. In its consultation paper, the 21st Law Commission had said the diversity of Indian culture can and should be celebrated and specific groups or weaker sections of society must not be "dis-privileged" in the process.
It said the Commission dealt with laws that are discriminatory rather than providing a UCC "which is neither necessary nor desirable at this stage". A UCC in India has been a key agenda of successive BJP manifestos. In short, a UCC means having a common law for all citizens of the country that is not based on religion. Personal laws and laws related to inheritance, adoption and succession are likely to be covered by a common code.
The 23rd law panel has also been tasked with identifying laws which are not in harmony with the economic needs and requirements of the times and require amendments. Examining the laws which affect the poor and carrying out post-enactment audit for socio-economic legislation is the other term of reference of the new panel.
It has also been asked to take all such measures as may be necessary to harness law and the legal process in the service of the poor. The new law panel has been constituted for a period of three years, with a provision to appoint serving Supreme Court and high court judges as its chairperson and members.
The panel advises the government on complex legal issues. Once it is constituted, the government initiates the process of appointing its chief and members. The term of the 22nd Law Commission ended on August 31 and the new panel has been constituted with effect from September 1.
Though the notification relating to the constitution of the 21st and 22nd law commissions, issued in September 2015 and February 2020 respectively, had provisions for appointing serving Supreme Court and high court judges as chairpersons and members, in the recent past either retired top court judges or former chief justices of high courts have headed the body.
According to the order, the panel will have a full-time chairperson and four full-time members, including member-secretary. The secretary of the Department of Legal Affairs and the secretary of the Legislative Department will be its ex-officio members. There cannot be more than five part-time members, according to the order.
It said the chairperson or members "who are serving judges of the Supreme Court/High Court shall perform their functions on a whole-time basis up to the date of retirement from the Supreme Court/High Court or expiry of the term of the Commission, whichever be earlier". The time spent by them in the performance of such functions as chairperson or member of the Commission will be treated as "actual service".
The order noted that in case "other category" of persons are appointed as chairperson or full-time members, the chairperson will be entitled a pay of Rs 2.50 lakh (fixed) per month. In case of members, a pay of Rs 2.25 lakh (fixed) per month will be admissible. In the case of a retired person (including retired judges) the pay (including pension or pension equivalent to the retirement benefits) not exceeding Rs 2.50 lakh or Rs 2.25 lakh per month, as the case may be, will be admissible.
