Strike a fine balance, have a just civil code

Strike a fine balance, have a just civil code

Subject : Polity

Section: Constitution

Concept :

• The 22nd Law Commission of India has recently announced its intention to gather public opinions and engage with recognized religious organizations regarding the Uniform Civil Code (UCC). T
• his move comes as a result of the previous 21st Law Commission’s consultation paper on the Reform of Family Law, which stated that the formulation of a UCC is not necessary or desirable at the present stage.

Law Commission of India

• Law Commission of India is neither a constitutional body nor a statutory body, it is an executive body established by an order of the Government of India.
• The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
• Its membership primarily comprises legal experts.It plays a crucial role in legal reforms and the development of the Indian legal system.
• Establishment: The first Law Commission was established in 1955, and since then, there have been several subsequent commissions. The Law Commission operates under the Law Commission Act, 1956.
• Composition: The Commission consists of a chairman, who is typically a retired judge of the Supreme Court of India or a retired Chief Justice of a High Court, and other members, including legal experts and scholars.
• Role and Functions: The primary function of the Law Commission is to examine and review the existing laws of the country, suggest reforms, and make recommendations for new legislation. It also conducts research, studies, and consultations on various legal issues referred to it by the government.
• Research and Reports: The Commission conducts in-depth research on legal matters, examines specific subjects, and prepares detailed reports with recommendations for legal reforms. These reports cover a wide range of topics, including civil and criminal laws, family laws, constitutional law, administrative law, and other legal areas.
• Consultation with Stakeholders: The Law Commission seeks public opinion and engages with stakeholders, including government departments, judiciary, legal professionals, academic institutions, and civil society organizations, to gather diverse perspectives on legal issues and proposed reforms.
• Implementation of Recommendations: The government reviews the reports and recommendations of the Law Commission and decides on their implementation. While the Commission’s recommendations are not binding, they often influence legislative changes and legal reforms.
• Timeframe and Term: Each Law Commission has a specific term, usually three years, during which it functions. At the end of the term, a new Commission may be constituted.
• Impact and Significance: The Law Commission’s recommendations and reports have played a crucial role in shaping Indian laws and legal reforms. Many landmark legislations and amendments have been based on the Commission’s suggestions.
• Relationship with Judiciary and Parliament: The Law Commission often collaborates with the judiciary, seeking inputs from judges and addressing legal issues raised in court cases. It also interacts with Parliament, which may refer specific matters to the Commission for its expert opinion.
• Recent Developments: The Law Commission continues to address contemporary legal challenges, such as reforms in family laws, criminal justice system, electoral laws, and other areas. It adapts to changing societal needs and legal developments to provide relevant recommendations