Law Commission begins consultations on Uniform Civil Code; seeks views from public, religious bodies
New Delhi, Jun 14: The Law Commission on Wednesday initiated a fresh consultation process on uniform civil code by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.
Earlier, the 21st Law Commission, whose term ended in August 2018, 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.
"Since more than three years have lapsed from the date of issuance of the said consultation paper, bearing in mind the relevance and importance of the subject and also the various court orders on the subject, the 22nd Law Commission of India considered it expedient to deliberate afresh over the subject," the panel said in a 'public notice'.
The 22nd Law Commission, which recently got a three-year extension, has accordingly begun examining issues related to UCC on a reference sent by the Ministry of Law and Justice in June 2016.
"Accordingly, the 22nd Law Commission of India decided again to solicit views and ideas of the public at large and recognised religious organisations about the Uniform Civil Code," the statement said.
Those who are interested and willing can present their views within a period of 30 days from the date of notice to the Law Commission.
If need be, Commission may call upon any individual or organisation for a personal hearing or discussion, it said.
In its consultation paper issued on August 31, 2018, the 21st Law Commission headed by Justice B S Chauhan (retd) had said that while the diversity of Indian culture can and should be celebrated, specific groups or weaker sections of the 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.
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 o be covered by a common code.
Implementation of a uniform civil code has been part of the BJP's election manifestos.
States such as Uttarakhand are in the process of framing their common code. The BJP had promised a uniform civil code in Karnataka ahead of the recent assembly elections.
The then law minister Kiren Rijiju had told Rajya Sabha in a written reply in December 2022 that states were empowered to enact personal laws that decide issues such as succession, marriage and divorce, in their endeavour to secure a uniform civil code.
Article 44 of the Constitution, part of the Directive Principle of State Policy, provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
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Ordinance issued to increase number of Supreme Court judges from 34 to 38
New Delhi (PTI): The government has promulgated an ordinance to increase the strength of the Supreme Court from the present 34 judges to 38, including the Chief Justice of India.
The law ministry notified the ordinance on Saturday, which amended the Supreme Court (Number of Judges) Act, 1956, to increase the sanctioned strength of the top court.
So far, the sanctioned strength of the top court was 34, including the Chief Justice of India (CJI). Now, the number of judges has been increased by four, taking the sanctioned strength to 38.
The top court will now have 37 judges, other than the CJI.
With the apex court having two vacancies at present, and the ordinance coming into force immediately, the Supreme Court Collegium will now have to recommend six names for appointment as judges in the top court.
A bill will be brought in the Monsoon Session of Parliament to convert the ordinance – an executive order – into a law passed by Parliament.
The Union Cabinet had cleared a draft bill on May 5 to increase the number of apex court judges.
The strength of the Supreme Court was last increased from 30 to 33 (excluding the CJI) in 2019.
The Supreme Court (Number of Judges) Act, as originally enacted in 1956, put the maximum number of judges (excluding the CJI) at 10.
This number was increased to 13 by the Supreme Court (Number of Judges), Amendment Act, 1960, and to 17 by another amendment to the law.
The Supreme Court (Number of Judges) Amendment Act, 1986, augmented the strength of judges from 17 to 25, excluding the CJI.
A fresh amendment in 2009 further increased the strength from 25 to 30.
Article 124(3) of the Constitution lists the qualifications required to become a Supreme Court judge.
An Indian citizen who has either served as a high court judge for at least five years, or as an advocate for 10 years, or is a distinguished jurist, can be appointed to the top court.
The strength of the Supreme Court is increased based on the recommendations of the CJI, who writes to the Union law minister. After consulting the finance ministry, the Department of Justice under the law ministry moves the Cabinet with a draft bill.
