Supreme Court dismisses PIL challenging States' forming committees for enforcement of Uniform Civil Code
May 30, 2023
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Organiser
  • ‌
  • Bharat
  • World
  • G20
  • Editorial
  • Analysis
  • Opinion
  • Sports
  • More
    • Defence
    • RSS in News
    • Azadi Ka Amrit Mahotsav
    • My States
    • Vocal4Local
    • Business
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Health
    • Obituary
    • Podcast
SUBSCRIBE
No Result
View All Result
  • ‌
  • Bharat
  • World
  • G20
  • Editorial
  • Analysis
  • Opinion
  • Sports
  • More
    • Defence
    • RSS in News
    • Azadi Ka Amrit Mahotsav
    • My States
    • Vocal4Local
    • Business
    • Special Report
    • Culture
    • Sci & Tech
    • Entertainment
    • Education
    • Books
    • Interviews
    • Travel
    • Health
    • Obituary
    • Podcast
No Result
View All Result
Organiser
No Result
View All Result
  • Home
  • Bharat
  • World
  • G20
  • Editorial
  • Opinion
  • Analysis
  • Culture
  • Defence
  • RSS in News
  • My States
  • Vocal4Local
  • Subscribe
Home Bharat

Supreme Court dismisses PIL challenging States’ forming committees for enforcement of Uniform Civil Code

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a PIL challenging the decision of the States of Uttarakhand and Gujarat to constitute committees to introduce and implement the Uniform Civil Code. 

WEB DESK by WEB DESK
Jan 9, 2023, 09:30 pm IST
in Bharat
Supreme Court dismisses PIL challenging States' forming committees for enforcement of Uniform Civil Code
Share on FacebookShare on TwitterTelegramEmail
https://organiser.org/wp-content/uploads/speaker/post-103970.mp3?cb=1673427633.mp3

A division bench of the Supreme Court dismissed a Public Interest Litigation (PIL) petition on January 9 seeking to challenge the decision of Uttarakhand and Gujarat to constitute commissions to introduce and implement the Uniform Civil Code (UCC). The bench highlighted that Entry 5 in the concurrent list of the Seventh Schedule to the Constitution makes a mention of “marriage and divorce” and hence there could not be any objection to the formation of the committees by the state governments. Both the Union and states can make laws on subjects mentioned in the concurrent list.

The bench was presided over by Chief Justice of India D Y Chandrachud and Justice P S Narasimha. The petition was filed by Advocate Anoop Baranwal. “Extent of executive power of State Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislature of the State has the power to make laws”, the division bench opined.

The previous year on October 29, Home Minister Harsh Sanghavi had announced that the Gujarat Cabinet had decided to constitute a committee to assess all facets of enforcing UCC. The Constitution of a similar drafting committee also took place in the hill state of Uttarakhand last year. The committee was to prepare a report “to examine the relevant laws regulating personal civil matters of residents of the state and to prepare draft law/laws or suggest changes in existing laws on the subject that includes marriage, divorce, property rights, succession/inheritance, adoption, maintenance, custody and guardianship”. Chief Ministers of Himachal Pradesh and Assam, too had supported the UCC proposal.

Chief Minister Pushkar Singh Dhami stated that the five-member committee will be headed by retired Supreme Court judge Ranjana Desai, who currently heads the Delimitation Commission of India. Other members of the committee include retired Delhi High Court Judge Pramod Kohli, Ex-Chief Secretary of the State and 1983-batch IAS officer Shatrughan Singh, Doon University vice chancellor Surekha Dangwa, and Manu Gaur, another former chief secretary.

In October 2022, the Centre told the Supreme Court that the matter would be placed before the 22nd Law Commission. In this matter, Advocate Ashwini Upadhyay had filed a petition seeking uniformity in laws governing matters of divorce, succession and inheritance and adoption and guardianship for all, irrespective of gender and religion. In its response, the centre said that the people of different religions and different denominations following separate property and matrimonial laws is an “affront to the National Unity”.

Directing towards the constitutional importance of the matter, the centre informed the Supreme Court that it has already referred the matter to the 22nd Law Commission that has already been instituted but waiting for the appointments of the chairman and other members. It requested the law commission to “undertake the examination of various issues relating to Uniform Civil Code and to make recommendations thereof.”

Additionally in December last year, the Kerala High Court stated in Anup Disalva & Anr. vs. Union of India, that the Union Government should seriously consider having a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes. “In a secular country, the legal paternalistic approach should be on the common good of the citizens rather than based on religion. The State’s concern must be to promote the welfare and good of its citizens, and religion has no place in identifying the common good,” said the court.

The aim of the Uniform Civil Code or UCC is to provide one law for all religious communities governing the issues of marriage, adoption, inheritance, and divorce, among others. It aims to abolish the varied personal laws that are regarded as one of the pillars of constitutional diversity. Presently, different religions have their own set of personal laws. These laws include the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, and Parsi Marriage and Divorce Act.

Article 44 of the Indian Constitution outlines that the state will take endeavour to enforce a UCC across territories of the country. However, it is important to note that Article 44 is part of the Directive Principles, which means it is not enforceable by a court of law. At the same time, fundamental rights are justiciable and can be enforced by the courts. The framing of directive principles is such that it mentions phrases like “in particular strive”; “shall in particular direct its policy”; “shall be the obligation of the state”, implying that it is a policy-level obligation, not a judicial matter for inference. However, while Article 43 notes, “state shall endeavour by suitable legislation”, Article 44 does not contain the suitable legislation portion, making it not absolutely compulsive on the legislature as such.

Topics: Supreme CourtUniform Civil CodeKerala HCChief Minister Pushkar Singh Dhamipublic interest litigation22nd Law CommissionNational UnityAshwini UpadhyayGujaratUttarakhand
Share1TweetSendShareSend
Previous News

Kerala food controversy: Veteran Chef Pazhayidom won’t feed Youth Festival anymore; large design to create communal rift

Next News

Minor Tribal girl reached Governor house for justice; delegation demands CBI enquiry in Narayanpur attack on Tribals

Related News

Pakistan President approves Supreme Court review of judgements bill, clearing way for Nawaz Sharif’s return

Pakistan President approves Supreme Court review of judgements bill, clearing way for Nawaz Sharif’s return

School Jobs for Cash Scam: SC refuses stay on Calcutta HC’s order allowing CBI/ED to quiz TMC leader Abhishek Banerjee

School Jobs for Cash Scam: SC refuses stay on Calcutta HC’s order allowing CBI/ED to quiz TMC leader Abhishek Banerjee

‘State Govt not bound by Wakf Board’s notification declaring properties as Wakf in absence of evidence’: Supreme Court

‘State Govt not bound by Wakf Board’s notification declaring properties as Wakf in absence of evidence’: Supreme Court

Money Laundering Case: Supreme Court grants interim bail to AAP leader Satyendar Jain for 6 weeks on medical grounds

Money Laundering Case: Supreme Court grants interim bail to AAP leader Satyendar Jain for 6 weeks on medical grounds

New Parliament should be inaugurated by the President instead of PM: PIL filed in Supreme Court

New Parliament should be inaugurated by the President instead of PM: PIL filed in Supreme Court

Jallikattu Verdict: A win for Tamil cultural heritage after 17-year-long battle

Jallikattu Verdict: A win for Tamil cultural heritage after 17-year-long battle

Comments

The comments posted here/below/in the given space are not on behalf of Organiser. The person posting the comment will be in sole ownership of its responsibility. According to the central government's IT rules, obscene or offensive statement made against a person, religion, community or nation is a punishable offense, and legal action would be taken against people who indulge in such activities.

Latest News

Jharkhand: ED conducts searches at the premises of Congress MLA Pradeep Yadav in a Money Laundering case

Jharkhand: ED conducts searches at the premises of Congress MLA Pradeep Yadav in a Money Laundering case

Congress’s lone Lok Sabha MP from Maharashtra Balubhau Dhanorkar dies at 47 due to kidney complications

Congress’s lone Lok Sabha MP from Maharashtra Balubhau Dhanorkar dies at 47 due to kidney complications

Shivaji Becomes Chhatrapati: An Epoch-Making Moment

Shivaji Becomes Chhatrapati: An Epoch-Making Moment

Union Home Minister Amit Shah held crucial meetings to restore peace in Manipur

Union Home Minister Amit Shah held crucial meetings to restore peace in Manipur

Karnataka: ‘Want him to become minister,’ Congress leader TB Jayachandra’s granddaughter writes to Rahul Gandhi

Karnataka: ‘Want him to become minister,’ Congress leader TB Jayachandra’s granddaughter writes to Rahul Gandhi

Delhi Sakshi Murder Case: Accused Sahil sent to 2-day police custody

Delhi Sakshi Murder Case: Accused Sahil sent to 2-day police custody

Noise Pollution: Bombay HC hears plea against use of loudspeakers for delivering Azaan; impleads Gausiya Mosque Trust

Noise Pollution: Bombay HC hears plea against use of loudspeakers for delivering Azaan; impleads Gausiya Mosque Trust

Big success for security forces, as many as 9 Maoist nabbed in two separate operations in Jharkhand and Chhattisgarh

Big success for security forces, as many as 9 Maoist nabbed in two separate operations in Jharkhand and Chhattisgarh

Cambodian King Norodom Sihamoni accorded guard of honour at Rashtrapati Bhavan

Cambodian King Norodom Sihamoni accorded guard of honour at Rashtrapati Bhavan

Delhi Liquor Scam: High Court refuses bail to AAP leader Manish Sisodia; says ‘chances of witness tampering’

Delhi Liquor Scam: High Court refuses bail to AAP leader Manish Sisodia; says ‘chances of witness tampering’

  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

No Result
View All Result
  • Home
  • Bharat
  • World
  • Editorial
  • Analysis
  • Opinion
  • Defence
  • Culture
  • Sports
  • Business
  • RSS in News
  • My States
  • Vocal4Local
  • Special Report
  • Sci & Tech
  • Entertainment
  • Education
  • Books
  • Interviews
  • Travel
  • Health
  • Obituary
  • Podcast
  • Subscribe
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Privacy Policy
  • Cookie Policy
  • Terms of Use
  • Refund and Cancellation

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies