The government established the 23rd Law Commission, whose terms of reference include issues such as unification of civil code, laws affecting the poor and review of existing regulations to promote gender equality.
According to a law ministry order issued on Monday night, one of the legal panel's terms of reference is to “review existing laws in accordance with the guiding principles of national policy, suggest ways of improvement and reform, and recommend such legislation”. may be necessary to achieve the objectives set out in the Preamble of the Constitution”.
Article 44 of the Directive Principles of State Policy states that it is the duty of the State to ensure a Uniform Civil Code (UCC) for its citizens throughout the territory of India.
On August 31, the term of the 22nd Legal Committee, which had been without a chairman for several months, ended, and an important report on the UCC is still being drafted.
A report prepared by the legal team on the simultaneous elections is ready and awaiting submission to the Ministry of Justice.
People familiar with the process noted that the report could not be submitted in the absence of the chairman.
Retired judge Ritu Raj Awasthi, who heads the 22 legal team, was appointed as a member of the anti-corruption watchdog Lokpal a few months ago.
Last year, the 22nd Council launched a new consultation on the UCC.
A draft report was being prepared when Justice Awasthi was appointed as Lokpal judge after taking suggestions from various sections of society.
Previously, the 21st Law Commission, which functioned until August 2018, had twice studied the issue and sought opinions from all stakeholders.
Subsequently, a consultation document on Family Law Reform was released in 2018.
The 21st Law Commission, in its consultation paper, said the diversity of Indian culture can and should be celebrated and in the process must not “deny the privileges of particular groups or weaker sections of society”.
It said the committee dealt with discriminatory laws rather than providing a “UCC” “which is neither necessary nor desirable at this stage”.
The UCC in India has been a key agenda item in successive BJP manifestos.
Simply put, the UCC means common law for all citizens of the country that is not based on religion. Personal law and the law relating to inheritance, adoption and succession are likely to be included in the common code.
The 23rd Legal Group is also tasked with identifying laws that do not meet economic needs and the requirements of the times and need to be revised.
Reviewing laws affecting the poor and conducting post-enactment audits of socio-economic legislation is another remit of the new panel of experts.
It also requires that all necessary measures be taken to utilize laws and legal procedures for the benefit of the poor.
The new legal panel will be constituted for a period of three years and provides for the appointment of sitting Supreme Court and High Court judges as chairman and members.
The group advises the government on complex legal issues. Once formed, the government will initiate the process of appointing its leaders and members.
The term of the 22nd Legal Committee ended on August 31, and a new expert group has been formed and will take effect on September 1.
Although notifications on the composition of the 21st and 22nd Law Commissions issued in September 2015 and February 2020 respectively provided for the appointment of sitting judges of the Supreme Court and High Courts as Chairman and members, the recent Supreme Court has either retired A judge, either a retired Supreme Court justice or commissioner.
According to the order, the panel will have a full-time chairman and four full-time members, including member-secretary.
The Secretary of the Ministry of Justice and the Secretary of the Ministry of Legislation are ex-officio members. According to the order, part-time members may not exceed five.
“The Chairman or members holding office as judges of the Supreme Court/High Court shall discharge their duties on a full-time basis until retirement from the Supreme Court/High Court or the date of expiry of the term of the committee,” whichever is earlier,” it said.
The time they spend performing their duties as committee chairperson or committee member will be considered “actual service.”
The order states that if a person from “other categories” is appointed as chairman or full-time member, the chairman will be entitled to a monthly salary of Rs 2.5 lakh (fixed). In case of membership, monthly payment of Rs 2.25 lakh (fixed) is allowed.
For retired persons (including retired judges), monthly salary (including pension or pension equivalent to retirement benefits) not exceeding Rs 2.5 lakh or Rs 2.25 lakh (as the case may be) is allowed.
(This report has not been edited by News18 staff and is published from associated news agency – PTI)
