As per the notification released on Monday (2nd sept), the commission will include a full-time Chairperson, four members, and additional ex-officio and part-time members. Its mandate is to review and recommend legal reforms to enhance the Indian legal system.
NEW DELHI: President Droupadi Murmu approved the formation of the 23rd Law Commission of India, which will function from September 1, 2024, to August 31, 2027.
The Central Government, under the leadership of Prime Minister Narendra Modi, has notified the constitution of the 23rd Law Commission, set to function from September 1, 2024, to August 31, 2027. This move comes just 17 days after the Prime Minister reignited the debate on the Uniform Civil Code (UCC) during his Independence Day speech, emphasising the importance of a “secular civil code” over the current “communal” civil code.
As per the notification released on Monday (2nd sept), the commission will include a full-time Chairperson, four members, and additional ex-officio and part-time members. Its mandate is to review and recommend legal reforms to enhance the Indian legal system.
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The commission’s structure will consist of:
(i) a full-time Chairperson;
(ii) four full-time Members, including a Member-Secretary;
(iii) Secretary of the Department of Legal Affairs as an ex-officio Member;
(iv) Secretary of the Legislative Department as an ex-officio Member; and
(v) up to five part-time Members.
The term of the 22nd Law Commission of India concludes on Saturday.
The commission has been without a chairperson for several months, which has delayed the submission of key reports, including those on the Uniform Civil Code and simultaneous elections.
Although the report on simultaneous elections is complete, it cannot be submitted to the law ministry due to procedural requirements that necessitate a chairperson.
In March 2024, Justice Ritu Raj Awasthi resigned from his role as Chairman of the Law Commission after a 17-month tenure, leaving the position vacant and impacting the progress of essential reports.
According to the Gazette Notification, the 23rd Commission of India’s terms of reference include the following:
A. Review/Repeal of Obsolete Laws
- Identify laws for immediate repeal that are outdated or irrelevant.
- Develop a Standard Operating Procedure (SoP) for periodic reviews, including simplification of language and processes.
- Identify laws needing amendments to align with current economic conditions.
- Suggest amendments for laws requiring changes.
- Consider inputs from Expert Groups across Ministries for harmonizing laws.
- Address references from Ministries/Departments via the Department of Legal Affairs on multi-ministry/department legislation.
- Propose measures for quick redressal of citizens’ grievances.
B. Law and Poverty
- Examine laws impacting the poor and conduct post-enactment audits of socio-economic legislation.
- Utilize legal processes to benefit the poor.
C. Judicial Administration
- Eliminate delays, clear arrears, and reduce costs for efficient case disposal while ensuring fairness.
- Reduce procedural technicalities and delay tactics.
- Implement frameworks for case management and case flow management.
D. Directive Principles and Constitutional Objectives
- Review laws in light of the Directive Principles of State Policy.
- Suggest improvements, reforms, and new legislation to implement these principles and achieve constitutional objectives.
E. Gender Equality
- Review existing laws to promote gender equality and suggest amendments.
F. Revision of Central Acts
- Revise significant Central Acts to simplify them and address anomalies, ambiguities, and inequities.
G. Government References
- Consider and provide views on topics related to law and judicial administration referred by the Government.
H. International Research Assistance
- Provide research assistance or guidance to foreign countries as referred by the Government.
I. Globalization Impact
- Examine the impact of globalization on food security and unemployment.
- Recommend measures to protect marginalized interests.
Additional Provisions:
- The Commission shall finalize recommendations after consulting relevant Ministries/Departments and stakeholders.
- Reports shall be submitted in both Hindi and English, with copies provided to both Houses of Parliament and made available on the Commission’s website.
- Reports and summaries will be accessible online.
- Develop partnerships with law universities and policy research institutions; offer internships to law students.
- Engage consultants or experts for specific projects as needed.
View Order Copy
