Uniform Civil Code / Supreme Court's big decision on Uniform Civil Code, green signal for formation of UCC

The Supreme Court has rejected the petition challenging the constitution of the committee to implement the Uniform Civil Code in Gujarat and Uttarakhand. Chief Justice DY Chandrachud and Justice PS Narasimha said that under Article 162, the states have the right to constitute the committee. If the states are doing this then what is wrong in it. Only the constitution of the committee cannot be challenged in the SC

Vikrant Shekhawat : Jan 09, 2023, 06:15 PM
Uniform Civil Code: The Supreme Court has rejected the petition challenging the constitution of the committee to implement the Uniform Civil Code in Gujarat and Uttarakhand. Chief Justice DY Chandrachud and Justice PS Narasimha said that under Article 162, the states have the right to constitute the committee. If the states are doing this then what is wrong in it. Only the constitution of the committee cannot be challenged in the Supreme Court.

Challenge to the constitution of the committee in Uttarakhand and Gujarat

The Uttarakhand government had constituted an expert committee in May last year. This committee, formed under the chairmanship of Supreme Court retired judge Justice Ranjana Prakash Desai, was entrusted with the responsibility of studying and implementing the Uniform Civil Code in the state. Apart from this, the Gujarat government had also decided to constitute a committee in October last year to implement the Uniform Civil Code. This initiative of the states was challenged in a petition filed by Anoop Baranwal.

Pending issue of Uniform Civil Code

By the way, another petition of advocate Ashwini Upadhyay is already pending in the Supreme Court to implement uniform law in all religions for marriage, divorce, alimony, succession. In the Supreme Court, the Central Government has opposed this petition saying that it is a policy issue, on which it is the job of the Parliament to take a decision. The court cannot direct the Parliament to make a law in this regard.

Government's stand regarding UCC

The government said that the Law Commission is seriously considering the Uniform Civil Code. After the report of the commission comes, the government will talk to all the stake holders. But the decision regarding its implementation has to be taken by the Parliament. No external authority can direct him to make laws.