On Monday, October 17, 2022, the Union Law Ministry submitted before the Supreme Court that it cannot direct Parliament to draw up or enact legislation as it sought the dismissal of PILs seeking a Uniform Civil Code (UCC) in the country. In response to a PIL filed by BJP leader and advocate Ashwini Upadhyay seeking uniformity in the personal laws governing marriage, divorce, maintenance, and alimony, the Government submitted that "A writ of Mandamus cannot be issued to the legislature to enact particular legislation. This is a matter of policy for the elected representatives of the people to decide and no direction in this regard can be issued by the Court. It is for the legislature to enact or not to enact a piece of legislation."

The Ministry further stated that "It is a settled position of law as has been held in a catena of judgments by this court that under our constitutional scheme, Parliament exercises sovereign power to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation. A writ of Mandamus cannot be issued to the legislature to enact a particular legislation."

According to the Ministry, the purpose of Article 44 is to strengthen the object of a "Secular Democratic Republic" as stated in the Constitution's Preamble. This provision is intended to promote Indian integration by bringing communities together on a common platform on issues that are currently governed by disparate personal laws. As a result of the importance and sensitivity of the subject matter, a thorough understanding of various personal laws is required.

The affidavit further states that "As and when the Report of Law Commission in the matter is received, the Government would examine the same in consultation with the various stakeholders involved in the matter."

Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.