The government has notified the constitution of the 23rd Law Commission for a period of three years, with a provision to appoint serving Supreme Court and high court judges as its chairperson and members.
According to the government order, the panel will have a full-time chairperson and four full-time members, including a member-secretary. The secretary of the Department of Legal Affairs and the secretary of the Legislative Department will be its ex-officio members. There cannot be more than five part-time members, according to the order.
The term of the 22nd Law Commission ended on August 31 and the new panel has been constituted with effect from September 1, according to a law ministry order issued on Monday.
Once the panel is being constituted, the government will initiate the process of appointing its chief and members. The panel would advise the government on complex legal issues.
The notification relating to the constitution of the 21st and 22nd Law Commissions was issued in September 2015 and February 2020 respectively. In the recent past, either retired top court judges or former chief justices of high courts have headed the constitution panel.
The term of the 22nd Law Commission, which was without a chairperson for the past few months, ended on August 31, with its key report on the Uniform Civil Code (UCC) still pending.
Last year, the 22nd Commission had initiated fresh consultations on the UCC. After obtaining suggestions from a cross-section of society, it was in the process of preparing a draft report when Justice Awasthi was appointed to the Lokpal.
The government order noted that in case “other category” of persons are appointed as chairperson or full-time members, the chairperson will be entitled a pay of Rs 2.50 lakh (fixed) per month. In case of members, a pay of Rs 2. 25 lakh (fixed) per month will be admissible.
In the case of a retired person (including retired judges) the pay including pension or pension equivalent to the retirement benefits will be not exceeding Rs 2.50 lakh or Rs 2.25 lakh per month.