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SC refuses to refer conversion issue to law commission

  • February 4, 2023
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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SC refuses to refer conversion issue to law commission

Subject : Polity

Section : National Body

Concept :

  • The Supreme Court on Friday refused a plea to refer to the Law Commission of India the question whether “forcible conversion” should be made a separate offence relating to religion under the Indian Penal Code.

Law Commission of India

  • The Law Commission of India is a non-statutory body constituted by the Government of India from time to time.
  • The first Law Commission of independent India was established in 1955 for a three-year term.
  • The first Law Commission was established during the British Raj era in 1834 by the Charter Act of 1833 and was chaired by Lord Macaulay.

Objectives:

  • It works as an advisory body to the Ministry of Law and Justice.
  • The Law Commission undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations on a reference made to it by the Central Government or suo-motu.
  • Composition:
  • Apart from having a full-time chairperson, the commission will have four full-time members, including a member-secretary.
  • Law and Legislative Secretaries in the Law Ministry will be the ex-officio members of the commission.
  • It will also have not more than five part-time members.
  • A retired Supreme Court judge or Chief Justice of a High Court will head the Commission.

What are the Important Recommendations of the Commission?

  • The Law Commission in its 262nd Report recommended abolition of the death penalty for all crimes except terrorism-related offences and waging war against the state.
  • Its report on electoral reforms (1999) had suggested simultaneous Lok Sabha and state assembly elections to improve governance and stability.
  • The Criminal Procedure (Identification) Act, 2022 which replace the Identification of Prisoners Act,1920 was also proposed by the Law Commission of India.
  • The 21st Law commission in its recommendation in 2018 said that Uniform Civil Code (UCC) is “neither necessary nor desirable at this stage”.
  • Now, the center has requested the 22nd Law Commission of India to undertake an examination of various issues relating to the same.
Polity SC refuses to refer conversion issue to law commission

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