Term of 22nd Law Commission ends Saturday, report on UCC still in works

New Delhi: The term of the 22nd Law Commission, which is without a chairperson for the past few months, ends Saturday with its key report on the uniform civil code still in works.

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

In the absence of a chairperson, the report cannot be submitted, people aware of the procedure noted.

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 outgoing commission had initiated fresh consultations on uniform civil code.

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

In his latest Independence Day speech, Prime Minister Narendra Modi had made a fresh push for a common code asserting that a "secular civil code" is the need of the hour for the country.

He also described the existing set of laws as "communal civil code" and termed them discriminatory.

Modi said laws which divide the country on communal lines and become a reason for inequality have no place in a modern society.

Article 44 under the Directive Principles of State Policy states that it is the duty of the State to secure for the citizens a Uniform Civil Code throughout the territory of India.

Uttarakhand came out with its own uniform civil code recently.

The central government had referred the issue of a common code to the 21st Law Commission which was in operation till August 2018.

It had examined the issue and solicited the views of all stakeholders on two occasions. Subsequently, a consultation paper on "Reforms of Family Law" was issued in 2018.

In its consultation paper issued on August 31, 2018, the 21st Law Commission, headed by Justice (retd) B S Chauhan, had said the diversity of Indian culture can and should be celebrated, and specific groups or weaker sections of society must not be "dis-privileged" in the process.

It said the Commission dealt with laws that are discriminatory rather than providing a uniform civil code "which is neither necessary nor desirable at this stage".

The consultation paper said most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination but is indicative of a robust democracy.

The 22nd law panel began fresh consultations as a lot of time had lapsed since the previous commission carried out a similar process.

A uniform civil code in India has been a key agenda of successive BJP manifestos.

In short, a uniform civil code means having a common law for all citizens of the country that is not based on religion. Personal laws and laws related to inheritance, adoption and succession are likely to be covered by a common code.

The Union Cabinet had extended the term of the 22nd Law Commission in February 2023.

The 22nd law panel was constituted for a period of three years on February 21, 2020 and Justice Awasthi assumed office on November 9, 2022.

Its term was extended as it got very little time in office.

The panel is constituted usually for a period of three years.