Law Commission to focus on periodic review of laws
The Union government on Monday announced the formation of the 23rd Law Commission for a three-year term beginning September 1.
The Union government on Monday announced the formation of the 23rd Law Commission for a three-year term beginning September 1, laying down a mandate that has been expanded to include creating a standard operating procedure (SoP) for periodic review of existing laws and implementing a framework for effective case management to reduce court backlogs.
The ministry of law and justice’s notification largely retains the terms of reference and service conditions from the previous commission. Serving judges of the Supreme Court and high courts, as in the past, can serve as full-time members, with their tenure counting as “actual service” without remuneration in addition to their pay as judges.
The 22nd Law Commission, which ended its term on August 31, had been without a chairperson for several months after Justice (Retd) Ritu Raj Awasthi was appointed to the Lokpal in March.
The new commission will consist of a full-time chairperson, four full-time members including a member-secretary, and up to five part-time members. The secretaries of the department of legal affairs and the legislative department will serve as ex-officio members. The government has yet to announce the names of the chairperson and members.
The commission’s terms of reference include identifying obsolete laws for repeal and creating an SOP for periodic review of existing laws. It will also assess laws to ensure they meet current economic needs and suggest necessary amendments.
A notable addition to the commission’s work is the implementation of a “framework for case management hearing and case flow management” to address case pendency in courts. This issue was recently highlighted by Prime Minister Narendra Modi and President Droupadi Murmu at the National Conference of the district judiciary.
The commission will also examine laws in the context of the Directive Principles of State Policy and suggest improvements or new legislation to align with the Constitution’s Preamble. It will review laws for gender equality, simplify Central Acts, and address specific subjects referred by the government. While the new commission’s terms do not explicitly mandate continuing the study on the Uniform Civil Code, it includes examining laws in the context of the Directive Principles, which advocate for a Uniform Civil Code under Article 44 of the Constitution.