The Central government has formally constituted the 23rd Law Commission, set to operate from September 1, 2024, to August 31, 2027, following the expiration of the 22nd Law Commission’s term. This move aligns with Prime Minister Narendra Modi’s recent push for a Uniform Civil Code (UCC), which he highlighted during his Independence Day speech. The notification, approved by President Droupadi Murmu, signals a renewed focus on legal reforms and the potential introduction of a UCC, despite the terms of reference not explicitly requiring further study on the matter.
The 23rd Law Commission will include a full-time Chairperson, four full-time members, including a Member-Secretary, and several ex officio and part-time members. Notably, serving judges from the Supreme Court and High Courts may be appointed to these positions, marking a departure from previous practices where retired judges typically held these roles.
The new Commission’s responsibilities include reviewing and repealing outdated laws, creating a Standard Operating Procedure (SoP) for periodic law reviews, and recommending legislative amendments to align with modern economic demands. Additionally, the Commission will work on harmonizing laws based on expert recommendations and addressing legislative queries from various departments.
While the Commission’s mandate does not explicitly call for further study of the UCC, it is tasked with reviewing existing laws in accordance with the Directive Principles of State Policy. This includes proposing new legislation to implement these principles, such as Article 44, which encourages the state to enact a UCC.
The 22nd Law Commission had already begun exploring the feasibility of a UCC, collecting over 8 million responses from stakeholders across the country. However, the drafting process was interrupted when the Commission’s Chairperson, Justice (Retd.) Ritu Raj Awasthi, was appointed as a Lokpal judicial member in March 2024.
The formation of the 23rd Law Commission marks a significant step in the government’s broader legal reform agenda, with the potential to influence key areas of Indian law, including the contentious issue of the UCC. The Commission’s work will be closely watched as it navigates these complex legal and political challenges.
