Govt Constitutes 23rd Law Commission, Allows Serving Judges as Chairpersons and Members

GG News Bureau
New Delhi, 3rd Sept. The government has officially notified the constitution of the 23rd Law Commission for a three-year term, effective from September 1, 2024. This new panel comes with a provision that allows the appointment of serving Supreme Court and High Court judges as its chairperson and members.

The Law Commission, an advisory body, plays a crucial role in assisting the government with complex legal matters. Once constituted, the government initiates the process of appointing the chairperson and members of the commission. According to a law ministry order issued late Monday, the term of the 22nd Law Commission ended on August 31, paving the way for the formation of the new panel.

Notably, while previous notifications for the 21st and 22nd Law Commissions had similar provisions for appointing serving judges, in recent years, retired Supreme Court judges or former Chief Justices of High Courts have typically headed the body. The 22nd Law Commission, chaired by Justice (Retd) Ritu Raj Awasthi, concluded its term without a chairperson for the last few months, leaving significant work, such as the report on the Uniform Civil Code (UCC), incomplete.

The report on simultaneous elections, another key project undertaken by the 22nd Law Commission, is reportedly ready but awaits submission to the law ministry. However, this submission cannot proceed without an appointed chairperson, a procedure highlighted by those familiar with the process.

The new order specifies that the 23rd Law Commission will have a full-time chairperson, four full-time members, and a member-secretary. The secretaries of the Department of Legal Affairs and the Legislative Department will serve as ex-officio members, with a maximum of five part-time members.

For serving judges appointed as chairpersons or members, their time on the Commission will be treated as “actual service,” with their tenure ending upon retirement from the judiciary or the expiration of the Commission’s term, whichever comes first. The order also outlines the salary structure for the chairperson and members, both for serving and retired individuals.

This announcement marks a significant step in continuing the work of the Law Commission, particularly in addressing pressing legal issues such as the UCC and the ‘one nation, one election’ initiative.