What the Law Commission Has Said, Twice

In one line

The Law Commission examined article 44 twice, concluded in 2018 that a uniform civil code was neither necessary nor desirable at this stage and that the answer was to remove discrimination law by law, and in 2023 reopened the question and never answered it.

In the wording a student can write in an exam: the Ministry of Law and Justice referred the uniform civil code to the Law Commission of India on 17 June 2016. The Twenty-first Law Commission issued a questionnaire and public appeals and then, on 31 August 2018, a CONSULTATION PAPER ON REFORM OF FAMILY LAW. It concluded that it is DISCRIMINATION AND NOT DIFFERENCE which lies at the root of inequality; that it had therefore dealt with laws that are discriminatory RATHER THAN providing a uniform civil code, "which is neither necessary nor desirable at this stage"; and that the best way forward may be to preserve the diversity of personal laws while ensuring that they do not contradict fundamental rights, for which all personal laws relating to family matters must FIRST BE CODIFIED to the greatest extent possible, and inequalities in codified law remedied by amendment. On 14 June 2023 the Twenty-second Law Commission, saying that more than three years had lapsed and bearing in mind the relevance and importance of the subject and the various court orders on it, decided AGAIN to solicit views from the public at large and from recognised religious organisations. It never reported.

The reference and the first inquiry

The reference is dated 17 June 2016, from the Ministry of Law and Justice, "to examine matters in relation to uniform civil code".

The Twenty-first Commission consulted before it concluded. It issued an appeal with a questionnaire dated 7 October 2016 and further public appeals and notices dated 19 March 2018, 27 March 2018 and 10 April 2018. It records that it received OVER 75,378 RESPONSES, and notes that a majority of them dealt specifically with triple talaq, which is one among the various other issues needing attention.

Then, on 31 August 2018, the Consultation Paper on Reform of Family Law, 185 pages. Note the title. The Commission was asked about a uniform civil code and answered about the reform of family law, and the change of subject is the conclusion.

What the paper actually says

Its central proposition. "This Commission is of the view that it is DISCRIMINATION AND NOT DIFFERENCE which lies at the root of inequality."

Its conclusion, in full. "While 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. Resolution of this conflict does not mean abolition of difference. This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code WHICH IS NEITHER NECESSARY NOR DESIRABLE AT THIS STAGE. 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."