The new notification has a provision to appoint serving Supreme Court and High Court judges as its chairperson and members. The new commission was notified on September 2, as the term of the 22nd Law Commission came to an end on August 31.
The 23rd Law Commission will advise the Centre on complex questions of law till August 31, 2027. This is not the first time that the notification of the Law Commission has recommended appointment of serving Supreme Court and High Court judges as members. This was done in two orders issued for the constitution of the 21st and 22nd Law Commission.
The new notification states that the Law panel will have a full-time chairperson and four full-time members, including member-secretary. The secretary of the Department of Legal Affairs and the secretary of the Legislative Department will be its ex-officio members.
According to the notification, there cannot be more than five part-time members. It said the chairperson or members who are serving judges of the Supreme Court or the High Court shall perform their functions on a whole-time basis up to the date of retirement from courts or on expiry of the term of the Commission, whichever be earlier.
The time spent by serving judges as chairperson or member of the Law Commission will be treated as actual service.
Another much talked about work of the 22nd Law Commission is the question of simultaneous elections. Reportedly, the Law Commission's report on conducting simultaneous elections is ready and pending submission to the law ministry.
According to the notification, the chairperson of the Law Commission will be entitled a pay of Rs 2.50 lakh (fixed) per month. For members, a pay of Rs 2.25 lakh (fixed) per month will be admissible.
For retired persons (including retired judges) the pay (including pension or pension equivalent to the retirement benefits) not exceeding Rs 2.50 lakh or Rs 2.25 lakh per month, as the case may be, will be admissible.
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