Major Legal Reforms Ahead? UCC, New Laws, And More On 23rd Law Commission's Agenda—What You Need To Know

Prime Minister Narendra Modi led Central government has formally notified the constitution of the 23rd Law Commission, which will operate from 1 September 2024 to 31 August 2027.

The Law Commission's notification follows the Prime Minister's recent push for a Uniform Civil Code (UCC), a topic he highlighted in his Independence Day speech, stressing the necessity of a "secular civil code" in place of the existing "communal" one.

President Droupadi Murmu has officially approved the constitution of the 23rd Law Commission.

This follows the expiry of the 22nd Law Commission's term on 31 August, which had been functioning without a Chairperson for several months.

The absence of the Chairperson led to delays in the submission of crucial reports, including those concerning the Uniform Civil Code (UCC) and particularly simultaneous elections, which is reportedly ready but awaiting the procedural clearance that requires a Chairperson’s approval.

According to a gazette notification issued on Monday (2 September), the new Commission will comprise a full-time Chairperson, four full-time Members, including a Member-Secretary, along with several ex officio and part-time Members.

For the first time, serving judges from the Supreme Court and High Courts may be appointed as Chairperson and Members.

Retired judges and other qualified persons may also hold these posts.

Serving judges will remain in their positions on a full-time basis until retirement or the end of the Commission’s term, with this tenure counted as “actual service.”

As per the Law Ministry’s notification, the 23rd Law Commission has been assigned key responsibilities, including the review and repeal of outdated laws, the creation of a Standard Operating Procedure (SoP) for periodic law reviews, and amendments to align legislation with modern economic demands.

The Commission will also work to harmonise laws based on expert recommendations and address legislative queries from various departments.

While the terms of reference for the 23rd Law Commission do not explicitly require further study of the UCC, they do call for a review of existing laws in accordance with the Directive Principles of State Policy.

The Commission is expected to recommend reforms and propose new legislation to implement these principles, including those enshrined in the Constitution’s Preamble.

Article 44, one such Directive Principle, encourages the state to enact a Uniform Civil Code.

The 22nd Law Commission had advanced the exploration of the UCC's feasibility, initiating new consultations last year and gathering more than 8 million responses from various stakeholders nationwide.

However, the drafting process was interrupted when Justice (Retd.) Ritu Raj Awasthi, the Commission's Chairperson, was appointed as a Lokpal judicial member in March 2024.

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