New Delhi: The newly notified law commission is likely to focus on creating a faster legal review procedure, and take up issues that the previous commission was tasked to look at, such as the viability of the controversial Uniform Civil Code (UCC).
A key priority for the 23rd law commission would be to draw up a standard operating procedure (SOP) for reviewing laws. It is also likely to take up issues that it was previously working on such as the UCC, two officials told Mint.
The law ministry has not yet received the commission's report on UCC, one of the officials added.
The new legal review process is a part of the commission's mandate to review or repeal obsolete laws. The 23rd law commission was notified on 2 September, as the previous commission was due to end its term soon. The new commission was constituted for a period of three years ending August 2027.
As per the government notification, the new law commission will have a full-time chairperson, four full-time members, including the member secretary, the secretaries of the legislative department and the department of legal affairs in the law and justice ministry, and up to five part-time members.
Law commissions provide an overall review of current legislation, as well as deliver reform proposals in specific domains. For instance, the commission's 2014 review of arbitration, an out-of-court dispute resolution mechanism, led to amendments in the Arbitration and Conciliation Act a year later.
Constituted in 1955, the law commission carries the mandate of identifying obsolete laws and requesting Parliament to repeal them. This involves carrying out a detailed review of all laws every time it is reconstituted.
Additionally, the commission has been tasked with auditing laws affecting the poor and identifying laws that are not in harmony with the economic needs of the country, as per the notification.
A faster legal review would ensure a comprehensive study of the impact of such legislation, according to experts.
The possibility of the new law commission taking up the UCC review comes against the backdrop of India's diverse religious population, and the enactment of a state UCC in Uttarakhand earlier this year.
The UCC has been a controversial idea over the years. Some claim it will promote equality among religions, while others argue it will infringe minority rights, reducing the country's diversity.
Indeed, the Uttarakhand UCC received similar feedback.
The new law commission's notification follows some major shifts in Indian lawmaking. Over the last few years, after long-term stakeholder consultations, Parliament has reformed key criminal laws, aiming to expedite the criminal procedure.
India also amended its competition law last year, after seeking legal review from a Competition Law Review Committee in 2018, which expedited deals and added regulatory oversight in the market, using a new deal value threshold.
Experts feel the presence of large datasets can help the commission fulfil its mandate this time around.
“The Law Commission can constitute a high-level committee comprising domain experts—former judges, practitioners, sitting and former bureaucrats as well as social scientists—who have the benefit of data, which is generally one of the biggest issues faced while recommending legal reforms,” said Saurav Agrawal, an independent lawyer practising in the Delhi high court.
The integration of law and technology is also an arena that the commission can review.
“The world is progressing at an exponential pace and so must our legal processes. The Law Commission may look towards integrating technology, public participation, and increased transparency into the process for potential improvements. AI could be employed to analyze large volumes of legal data, case laws, and statutes to provide insights and suggestions for reform more quickly and accurately. Public consultation and crowdsourcing of legal opinions can also increase legitimacy of new reforms and public acceptance,” said Gauhar Mirza, partner, Cyril Amarchand Mangaldas.
The commission's report on the UCC may get some help from Uttarakhand's implementation of the code.
"Uttarakhand's implementation may influence the Law Commission's recommendations, potentially encouraging more states to follow suit while shaping the broader national debate. A favorable report by the Law Commission could provide a framework that other states may adopt, building momentum for a nationwide UCC. This could serve as a departure from the previous Law Commission reports that have suggested a more cautious, gradual approach," said Mirza.
The 23rd law commission may also take up other pending issues, with a focus on aligning laws with the Directive Principles of State Policy in its mandate.
"This includes various reforms under its ambit that may have to account for the changing societal landscape, for instance, crypto, betting, gambling and electoral reforms," Mirza added.
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