Eyes on UCC, 'one nation, one election' as Centre constitutes 23rd Law Commission

In his Independence Day speech this year, PM Modi hinted at the Centre’s plan to push for uniform laws.

President Droupadi Murmu has sanctioned the 23rd Law Commission with significant focus on the Uniform Civil Code (UCC).

The panel, which will serve from September 1, 2024 to August 31, 2027, was notified by the Union Ministry of Law and Justice. The term of the 22nd Law Commission will end on September 8. It has been functioning without a chairperson for several months, and crucial reports, including those on the Uniform Civil Code and simultaneous elections, remain pending.

Who will be part of the 23rd Law Commission?

The 23rd commission will comprise (i) a full-time Chairperson;(ii) four full-time Members (including Member-Secretary); (iii) Secretary, Department of Legal Affairs as ex officio Member; (iv) Secretary, Legislative Department as ex officio Member; and (v) not more than five part-time Members. The chairperson and members could be serving judges of the Supreme Court or High Courts or “other category of persons”.

Key functions of the panel

According to the notification, the panel will “examine the existing laws in the light of Directive Principles of State Policy and to suggest ways of improvement and reform and also to suggest such legislations as might be necessary to implement the Directive Principles and to attain the objectives set out in the Preamble of the Constitution”. It has also been asked to “examine the impact of globalisation on food security, unemployment and recommend measures for the protection of the interests of the marginalised”.

The terms of reference include reviewing the judicial administration system to make it more responsive to the demands of the time. Among the goals are eliminating delays, simplifying High Courts rules and implementing a framework for case flow management.

When and why was the first panel launched?

The Charter Act, 1833, enacted by the British Parliament, vested legislative power for the first time in a single authority, namely, the Governor-General in Council. In turn, the Governor-General in the Council made laws from 1834 to 1920. The Charter Act also enabled the Governor-General in Council to appoint a panel called the Law Commission of India.

The first law panel in Independent India was formed in 1955 with the then Attorney-General of India, MC Setalvad, as its Chairman.

Why will the 23rd Law Commission focus on Uniform Civil Code, “one nation, one election”?

Ahead of the 2024 Lok Sabha polls, Prime Minister Narendra Modi had indicated that “one nation, one election” and Uniform Civil Code (UCC) will be implemented if he returned to power for the third term. They were also among the major promises in the BJP's manifesto. The tenure of the 22nd Law Commission was extended in February last year but its UCC report is still incomplete. Similarly, its report on simultaneous elections was also delayed. According to reports, the commission had conducted wide consultations on UCC and had received more than 80 lakh petitions from the public and other stakeholders.

In his Independence Day speech this year, PM Modi hinted at the Centre’s plan to push for uniform laws.

“Laws that divide our nation based on religion and which foster discrimination have no place in modern society,” he had said referring to verdicts from the Supreme Court exhorting the Centre to enact UCC. The UCC is said to be the last of the BJP’s central planks which remains to be implemented by its regime.

The UCC is a proposal to introduce a single law to govern the personal aspects of all citizens of India such as marriage, divorce, inheritance and adoption.

'One Nation, One Election' proposes simultaneous Lok Sabha and state assembly elections.

(With inputs from PTI)