The author of the article has analysed the role of Law Commission in transforming India as a crucial aspect of legal research that delves into the impact of legislative recommendations and reforms on the Indian legal system. This article aims to provide a comprehensive analysis of the history, functions, and significance of the Law Commission in shaping the legal landscape of India along with addressing the changing aspects of the society and societal needs.

The Constitution of India provides for the Directive Principles of State Policy which the government has to keep in view as the guidelines for its policy and for the welfare of the people. The Principles mention about formulation of a Uniform Civil Code for the citizens of our country. The Uniform Civil Code is the need of the hour, owing to globalised world. If the country has a uniform system of laws governing its citizens, it shall prevent the disharmony in the country from being caused under the walls of personal legal guidelines and will play an important role in transforming the status of the women by imparting them certain rights along legal backup along with proper implementation.

The desirability of the Uniform Civil Code can hardly be doubted. It can concretise only if social climate is properly built and the masses awakened to accept the change.

To adhere to and implement the desired Code, the Law Commission has presented recommendations and is currently re-working upon fresh recommendations so as to answer the present demands raised in the past by our Constitution framers.

The author also acknowledges the challenges faced by the Commission that impact its efficient performance.

Introduction
Law reform has been a continuous process for more than 300 years in India. It is a non statutory body constituted by the government from time to time. The Constitution framers made the directive principles non-justiciable and non enforceable. The Constitution makers, taking a pragmatic view, refrained from giving teeth to these principles as they believed more in awakened public opinion rather than in court procedures as the ultimate sanction for the fulfilment of these principles[1].

Thereby, the framers gave the authority in the hands of the people for voicing opinions such that they result into the transformation that is felt to be achieved by the people living in the society.

Under such principles and guidance, the Law Commission was established via executive order in the independent India in 1955 under the chairmanship of M.C. Setalvad, the then Attorney General of India[2].

The Commission is reconstituted every three years[3]. It is an ad hoc body, a key to legal reforms in India. It plays crucial role in ensuring public interests and in formulating strong public policy. It acts as an advisory body to the central government and simultaneously criticizes government policies that do not advise the public. The Commission recognises defective part of the policy and suggests measures. The recommendations of the commission do not have a binding effect upon the central government. The Supreme Court recognised and accepted the Commission's recommendations and implemented them in several cases.

A similar need for the transformation of the position of the women is being felt within the society. India being a culturally diverse country is a birthplace for a variety of personal laws. The personal civil laws usually revolve around and have a direct impact upon the women practising that culture, thereby the position of women is constantly at the hands of changing dynamics of the society, resulting in deterioration of their position.

The Uniform Civil Code will be an empowering tool which would be backed by legal implications on its violation. India being a patriarchal society, it is difficult to change the set mindset of the people and Civil Code will be a catalyst that would ease and accelerate the process of change in the minds of the males within the society. The rights allotted to the women would bring awareness amongst themselves in regards of the ill practises upon them, thereby guiding them towards a dignified life.

It should also be acknowledged that the premises behind Article 44 is that there is no necessary connection between the religion and personal law in the civilised society as stated by the Supreme Court in John Vallatamattom v. Union of India[4].

History And Evolution Of The Law Commission Of India

• In the ancient period, when religious and customary law occupied the central theme, reform process was not institutionalised nor was the prevelance of law reform agencies. However, since the third decade of the nineteenth century, Law Commissions were constituted from time to time along with the empowerment to recommend legislative reforms with a view of clarifying, consolidating and codifying particular branches of law wherein the British government required necessity[5].
  
  The first such commission was established in 1834 under the Charter Act of 1833, under the chairmanship of Lord Machaulay. It was upon his recommendations that the Indian Penal Code, the Civil Procedure Code and a few other legislations were codified. Thereafter, the second, third and fourth Law Commissions were constituted in 1853, 1861 and 1879 respectively. It was within a span of 50 years of the constitution of the abovementioned Law Commissions that the Indian Statute Book was further enhanced with a large variety of legislations on the basis and principles of the then prevailing English legal system, adapted into Indian conditions. Several legislations that were enacted and contributed by the first four Law Commissions include The Indian Contract Act, Transfer of Property Act, The Code of Civil Procedure, Indian Evidence Act[6].
   
• In 1950, the Constitution of India was enforced, giving a new dimension to the arena of law and legal reforms, catering to the needs and requirements of the democratic society and the legal order within a pluralistic society like that of India.
  
  There were demands within and outside the Parliament for establishing a Central Law Commission with the role of recommending, revising and amending the laws inherited from the British government. The Government of India established the First Law Commission of Independent India under the chairmanship of Mr M.C. Setalvad. From 1955 till date, 22 Law Commissions have been constituted by government resolutions.
   
• The Law Commission of India is a non statutory body that is constituted after the expiry of the existing Commission. The central government issues a notification and is assented by the President. The Commission is under the Government of India, Ministry of Law and Justice, Department of Legal Affairs.
   
• Along with the orders, the notification includes specific terms of reference upon which the Commission has to undertake research in law, review the already existing matters. The report is submitted by the Commission to the government but its recommendations are mere advisory in nature and lack binding effect. It provides thought provoking, unbiased and in depth review of the laws in India[7].
   
• The 22nd Law Commission was constituted in 2020 under the chairmanship of Justice Rituraj Awasthi, Former Chief Justice of Karnataka High Court. Its official tenure was until 31-08-2023 but was extended by executive resolution till 31-08-2024[8].

Composition And Functions Of The Law Commission Of India:

• The composition is not fixed. It consists of
  • One full-time Chairperson who is a retired Supreme Court Judge or Chief Justice of High Court.
  • 4 members including Member Secretaries.
  • Law and Legislative Secretary in Law Ministry are the ex-officio members.
  • Regular staff consisting of a dozen research personnel of various ranks.
• On reference made by Centre or suo moto, undertake research in law and review of existing laws for making reforms and enacting new legislations or repealing irrelevant laws.
• Research for introducing reforms in justice delivery system, eliminating delay in procedures, speedy disposal of cases.
• Examine existing laws in the light of Directive Principles of State Policy, Preamble and suggest measures to implement further.
• Prior to finalizing its recommendations, the Commission shall consult nodal Ministries, Departments, and other stakeholders.

Constituent Assembly Debates Related To The Uniform Civil Code:

• In 1941, a committee headed by Sir B.N. Rau was formulated for codification of the Hindu law. It was set up to examine the necessity of common Hindu laws encompassing equal rights to women.
• A demand for a civil code was also raised by some parts of the Hindu community in order to address the societal system and adopt the required changes like eradicating social evils, introducing modern laws, and reforming the existing laws. The traditional Hindu community was suppressing the raised demand.
• The Uniform Civil Code was mentioned under Article 35 in the Draft Constitution. The Article was debated upon on 23rd November 1948, wherein there was a direction to the State to bring a uniform civil code across India.
• The debate triggered conflict in the Assembly, wherein the majority of the opposition came from Muslim members who made amendments for keeping the personal laws out of its ambit.
• The arguments put forth by the members included that the uniform civil code violated freedom of religion, it would create disharmony within the Muslim community and was incorrect to interfere with the personal law without the approval of the specific religious communities.
• A Drafting Committee member defended the provision by arguing that the code was important to uphold the unity of the country and the Constitution's secular principles. He reminded that not only the Muslim community but the Hindu community would also be similarly affected. He further added that women's rights could never be secured without a uniform civil code.
• While concluding the debate, it was further stated that there was nothing new about the Code, there was already a common civil code. The new code would include marriage and inheritance.
• It was also stated that this was a Directive Principle to which the State was not obliged to bring the provision into effect immediately and should be done only on obtaining consent of all communities.
• The Draft Article was adopted on the same day without any amendments. Article 44 in the Constitution of India 1950 has a mention about the Uniform Civil Code.

Reform Of Family Law, 2018:

• The 21st Law Commission submitted a report upon the implementation of the Uniform Civil Code in 2018, titled "Reforms of Family Law" upon being referred by the Ministry of Law and Justice. The recommendations were neither addressed nor implemented.
• The Law Commission submitted its report in a span of two years for the need of reforms and a uniform civil code in the country. It observed lack of consensus for implementing the Uniform Civil Code. It emphasized the necessity of preserving the religious and cultural rights of the minority groups and their interests should also be discussed as an important issue for the purpose of framing a Uniform Civil Code.
• The Law Commission of India stated that the legislature should shift its focus upon the discriminatory practices within various personal laws and legislations. It should also introduce laws and legislations to prevent the discriminatory practices but at this point in the present social, economic, and political scenario, the need for a Uniform Civil Code is neither just nor desirable.
• The Law Commission urged and laid emphasis upon the fact that the legislature and the government shall increase the equality among different classes and genders, prior to attempting upon different and diverse communities within the country.
• The diversity offered by the country should be respected and celebrated in such a way that weak parts of the society and communities do not feel that they are being derailed and deprived of their personal laws. The Commission is dealing with laws whose nature is discriminatory in nature rather than imposing an undeviating legislation altogether.

The Uniform Developments Of The 2020 Decade

• In the landmark judgement of Shayara Bano v. Union of India[14], in a 3-2 verdict, the Supreme Court struck down instant triple talaq and called the practice un-Islamic and arbitrary, thereby disagreeing with the view that it was an integral religious practice. The striking down of the practice of triple talaq is one of the first steps towards the reform of personal laws.
• The Commission also stated until 2018, the consensus on a Uniform Civil Code did not reach, so it was in the interest of the state and its people to protect the individual laws of each individual[15].
• In 2021, Chief Justice of India, Arvind Bobade, hailed the Uniform Civil Code of Goa at his inaugural speech at the new building of Bombay High Court at Goa. He stated Goa has what Constitutional framers envisaged for India—Uniform Civil Code. It is applicable to marriage and succession, governing all Goans irrespective of their religious affiliations[16].
• The States of Uttarakhand and Gujarat set up committees to review the enactment of Uniform Civil Code in their respective States. A Public Interest Litigation was filed in the Supreme Court, challenging the establishment of the committees. A constitutional bench headed by Chief Justice D.Y. Chandrachud dismissed the PIL, stating that it was devoid of merit. The court reiterated that the enactment of Uniform Civil Code falls under the exclusive purview of the Parliament[17].
• Following the judgement of the judgement and analysing the importance and relevance of the Uniform Civil Code, the Law Commission was of the view that they should revise the recommendations made[18]. The previous recommendations were under the Reform on Family Law paper of 2018 and its recommendations remained unacknowledged, unaddressed, and unimplemented as the recommendations are of advisory nature only. The Commission notified the public at large and requested them to share their views. The Commission also shared a questionnaire with the public to ascertain whether the consensus can be ascertained, owing to the dynamic nature of the society.
• The Law Commission floated the notification and called upon suggestions and recommendations within 30 days from the release of the notice in 2023. The 22nd Law Commission would cease to exist on 31st August 2024 as its tenure would end, thereby would submit its report to the government.
• In February 2024, Uttarakhand became the first state to implement the Uniform Civil Code in its state in independent India.

Challenges Faced By The Law Commission Of India:

• Slow process: The process of reviewing and recommending reforms can be slow as it involves extensive and thorough research, public consultations along with their reviews. This is a time-intensive procedure, wherein the recommendations made may lose due relevancy until they are submitted and presented, thereby may reduce the efficiency of the cumbersome procedure performed.
• Limited impact: The recommendations of the Commission are not binding, thereby resting in the hands of the Parliament to implement any recommendations or proposed reforms.
• Political interference: The aim of the Law Commission is to be independent, but there is a possibility of influence from the politics surrounding. This can hamper the reasonability and fairness of the task performed.
• Lacks continuity: The Commission ceases to exist on expiry of its tenure, thereby breaking the long-standing performance and inducing the essence of temporariness. This would entail time and energy of all the new members under the newly notified Law Commission and further delay their actual task.

Conclusion
Thus, Law Commission of India plays a pivotal role in the formulation and advocacy of the Uniform Civil Code (UCC), serving as a crucial intermediary between legal reform and societal needs. Through its comprehensive reports and recommendations, the Commission has highlighted the necessity of a UCC in promoting gender equality, ensuring justice, and fostering national integration.

The Commission's efforts underscore the importance of a progressive legal system that reflects the values of a modern, secular democracy. While challenges remain in achieving consensus among diverse communities, the Law Commission's ongoing dialogue and research provide a foundation for informed discussions and potential reforms. As India continues to evolve, the implementation of a Uniform Civil Code remains a significant step towards ensuring equal rights for all citizens, reinforcing the rule of law, and upholding the principles of justice and equality enshrined in the Constitution. The path forward requires collaboration among lawmakers, civil society, and the public to realize the vision of a unified legal framework that respects individual rights while promoting social harmony.

At the time of framing of the Uniform Civil Code, the legislators must ensure justice, liberty, equality and fraternity on focal points.

The Code shall be drafted such that the uniform aspects from all personal laws are assembled together, respecting and upholding the integral basic values. A Uniform Civil Code can be drafted such that it encompasses various personal laws under one law, wherein the basic structure of the laws remain the same but the provisions are framed in varying manner, suitable to the integral religious practises of personal laws. Such a framework would serve the purpose of uniform laws and also respect the feelings of the people practising it.

If such an approach is followed, the social acceptance of the Uniform Civil Code will be enhanced as it will address the fears within the minds of the citizens, thereby imbibing a feeling of trust and security amongst the citizens.

End Notes:

1. M.P. Jain, Indian Constitutional Law Third Edition, published by Wadhwa in 1978
2. https://lawcommissionofindia.nic.in/about-department/early-begginnings/ (last visited on 13-08-2024)
3. https://legalaffairs.gov.in/sites/default/files/LAW COMMISSION%20OF%20INDIA.pdf (last seen on 13-08-2024)
4. AIR 2003 SC 2902: 2003 AIR SCW 3536
5. Supra note 3
6. https://legalaffairs.gov.in/sites/default/files/lawcomm (last seen on 12-08-2024)
7. Supra note 3
8. https://pib.gov.in/PressReleseDetailm.aspx?PRID=1986723 (last seen on 13-08-2024)
9. P.M. Bakshi, The Constitution of India Seventeenth edition published by Universal Lexis Nexis in 2020
10. Reform of Family Law, The Law Commission of India, 2018
11. https://archive.pib.gov.in/documents/rlink/2018/aug/p201883101.pdf (last seen on 13-08-2024)
12. https://economictimes.indiatimes.com/news/politics-and-nation/uniform-civil-code-neither-necessary-nor-desirable-law-panel/articleshow/65627227.cms?from=mdr
13. Ibid 10
14. AIR 2017 9 SCC 1
15. Ibid 10
16. https://indianexpress.com/elections/chief-justice-of-india-s-a-bobde-lauds-uniform-civil-code-in-goa-7248631/
17. https://morungexpress.com/an-executive-prerogative-where-the-supreme-court-stands-on-ucc (last seen on 13-08-2024)
18. https://economictimes.indiatimes.com/news/politics-and-nation/govt-says-fresh-consultations-on-ucc-needed-due-to-importance-of-subject-court-orders/articleshow/101989483.cms (last seen on 13-08-2024)