NEW DELHI: The Union Cabinet on Wednesday approved setting up of the 22nd law commission which will be headed by a chairman who is a retired Supreme Court judge or a retired chief justice of high court, besides four full-time members.
The 21st law commission, which was headed by former judge of the Supreme Court Justice B S Chauhan, completed its three-year tenure on August 31, 2018. During its term, the previous law panel had taken up issues such as the Uniform Civil Code (UCC) and simultaneous elections of assemblies and Parliament for discussion but could not finalise its recommendations before its term ended.
The reconstitution of the commission requires Cabinet approval but the appointment of its chairman and members is done later by an executive order. Before his tenure came to an end, Justice Chauhan had released a draft report on simultaneous elections to Parliament and assemblies in the form of “public appeal” and put across the commission’s findings in public domain. In its conclusion, the panel had said that the time has come for holding simultaneous elections in the larger public interest.
On the UCC, the law commission came out with a 185-page “consultation paper” where it suggested wide ranging changes in various family laws bringing in gender justice and equality. But the commission was of the view that a UCC is “neither necessary nor desirable at this stage”.
The commission said it failed to evolve a consensus on UCC for the country after consultations with various stakeholders and thus felt that the best way forward was to preserve the diversity of personal laws and at the same time ensure that they don’t contradict the fundamental rights guaranteed under the Constitution.
The law commission of India is a non-statutory body constituted by the government from time to time. The commission was first constituted in 1955 and is re-constituted every three years. The tenure of 22nd law commission is for a period of three years. The law commission has so far submitted 277 reports.
The law commission shall, on a reference made to it by the central government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations. It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
The 21st law commission, which was headed by former judge of the Supreme Court Justice B S Chauhan, completed its three-year tenure on August 31, 2018. During its term, the previous law panel had taken up issues such as the Uniform Civil Code (UCC) and simultaneous elections of assemblies and Parliament for discussion but could not finalise its recommendations before its term ended.
The reconstitution of the commission requires Cabinet approval but the appointment of its chairman and members is done later by an executive order. Before his tenure came to an end, Justice Chauhan had released a draft report on simultaneous elections to Parliament and assemblies in the form of “public appeal” and put across the commission’s findings in public domain. In its conclusion, the panel had said that the time has come for holding simultaneous elections in the larger public interest.
On the UCC, the law commission came out with a 185-page “consultation paper” where it suggested wide ranging changes in various family laws bringing in gender justice and equality. But the commission was of the view that a UCC is “neither necessary nor desirable at this stage”.
The commission said it failed to evolve a consensus on UCC for the country after consultations with various stakeholders and thus felt that the best way forward was to preserve the diversity of personal laws and at the same time ensure that they don’t contradict the fundamental rights guaranteed under the Constitution.
The law commission of India is a non-statutory body constituted by the government from time to time. The commission was first constituted in 1955 and is re-constituted every three years. The tenure of 22nd law commission is for a period of three years. The law commission has so far submitted 277 reports.
The law commission shall, on a reference made to it by the central government or suo-motu, undertake research in law and review of existing laws in India for making reforms therein and enacting new legislations. It shall also undertake studies and research for bringing reforms in the justice delivery systems for elimination of delay in procedures, speedy disposal of cases, reduction in cost of litigation etc.
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