Today, the Delhi High Court declined a series of petitions urging the Central government to enforce a Uniform Civil Code (UCC) for the nation
The division of Acting Chief Justice Manmohan and Justice Mini Pushkarna held that they lack the authority to mandate the legislature to pass a law on this matter.
"We cannot direct legislature to enact a law. Supreme Court has already dealt with the issue and rejected the petitions," said the Court.
Additionally, the Court noted that the Law Commission is actively reviewing this issue, suggesting that the petitioners are free to present their recommendations and concerns directly to the Law Commission for consideration.
In June, the Law Commission of India actively solicited opinions and input from the general public, recognized religious institutions, and other relevant stakeholders regarding the Uniform Civil Code (UCC).
Following this, the petitioners, including BJP leader Ashwini Upadhyay and others such as Nighat Abbas and Amber Zaid, chose to retract their pleas. Upadhyay's primary petition, initially filed in 2019, had requested the Central Government to establish either a Judicial Commission or a High-Level Expert Committee tasked with formulating a Uniform Civil Code within a three-month period.
The petition aimed to establish a Uniform Civil Code (UCC) for the nation by examining the most effective practices across religions, sects, civil laws in developed nations, and international conventions. However, the Central government, in its response to the petition, requested the dismissal of the plea.
The Law Ministry emphasized that implementing a UCC requires a thorough examination of diverse personal laws governing different communities. It highlighted that formulating a UCC within a three-month period, as directed by the court, would not be feasible due to the complexity and depth of this task.
The Law Ministry, in an affidavit, highlighted that according to the Constitutional framework, only the Parliament possesses the authority to undertake the task of enacting legislation. The ministry clarified that a court cannot issue a writ mandating the legislature to enact specific legislation.
On Friday, the Court reiterated the clear and categorical directive of the Supreme Court on this matter, stating that the High Court would not exceed the scope of the Supreme Court's order. Consequently, the Court declined to entertain the plea, leading the petitioners to subsequently withdraw their petition.
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