Govt constitutes 23rd Law Commission

New Delhi: The government has notified the constitution of the 23rd Law Commission for a period of three years, with a provision to appoint serving Supreme Court and high court judges as its chairperson and members.

The panel advises the government on complex legal issues. Once it is constituted, the government initiates the process of appointing its chief and members.

The term of the 22nd Law Commission ended on August 31 and the new panel has been constituted with effect from September 1, according to a law ministry order issued late Monday.

Though the notification relating to the constitution of the 21st and 22nd law commissions, issued in September 2015 and February 2020 respectively, had provisions for appointing serving SC and HC judges as chairpersons and members, in the recent past, either retired top court judges or former chief justices of high courts have headed the body.

On August 31, the term of the 22nd Law Commission, which was without a chairperson for the past few months, ended with its key report on the uniform civil code (UCC) still in the works.

The report prepared by the law panel on simultaneous elections is ready and pending submission to the law ministry.

People aware of the procedure noted that the report cannot be submitted in the absence of a chairperson.

Justice (retd) Ritu Raj Awasthi, who headed the 22nd law panel, was appointed a member of the anti-corruption watchdog Lokpal a few months ago.

A high-level committee headed by former president Ram Nath Kovind submitted a report on 'one nation, one election' in March.

Last year, the 22nd commission had initiated fresh consultations on the UCC.

After obtaining suggestions from a cross-section of society, it was in the process of preparing a draft report when Justice Awasthi was appointed to the Lokpal.

According to the order, the panel will have a full-time chairperson and four full-time members, including member-secretary.

The secretary of the Department of Legal Affairs and the secretary of the Legislative Department will be its ex-officio members. There cannot be more than five part-time members, according to the order.

It said the chairperson/members "who are serving judges of the Supreme Court/High Court shall perform their functions on a whole-time basis up to the date of retirement from the Supreme Court/High Court or expiry of the term of the Commission, whichever be earlier".

The time spent by them in the performance of such functions as chairperson or member of the Commission will be treated as "actual service".

The order noted that in case "other category" of persons are appointed as chairperson or full-time members, the chairperson will be entitled a pay of Rs 2.50 lakh (fixed) per month. In case of members, a pay of Rs 2.25 lakh (fixed) per month will be admissible.

In the case of a retired person (including retired judges) the pay (including pension or pension equivalent to the retirement benefits) not exceeding Rs 2.50 lakh or Rs 2.25 lakh per month, as the case may be, will be admissible.