NEW DELHI: The Supreme Court on Monday declined to entertain a PIL, questioning validity of decision of forming committee by States of Gujarat and Uttarakhand to examine enactment of Uniform Civil Code.
A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said under Article 162 of the Constitution, the executive order states extended to what legislature permitted it, which cannot be challenged ultra vires of the Constitution.
The court also wondered as to what was wrong with the committees. It found the PIL by advocate Anoop Baranwal as devoid of merit.
In October, last year, just ahead of announcement of Assembly poll dates, BJP-ruled Gujarat government has decided to form the committee to examine the possibility of the Uniform Civil Code.
A similar decision was taken by the BJP government in Uttarakhand before the Assembly polls earlier this year, to form a committee headed by former SC judge, Justice Ranjana Prakash Desai.
A number of pleas including by advocate Ashwini Kumar Upadhyay has also been pending before the top court to direct the Centre to frame uniform laws with regard to marriage, adoption, succession and adoption etc.
A series of judicial pronouncements have been passed by the Supreme Court, stressing the need to have a uniform civil code, including the Shah Bano case (1985), the Sarla Mudgal Cass (1995) and the John Vallamattom case (1999).
On September 13, 2019, Justices Deepak Gupta (since retired) in a judgement along with Justice Aniruddha Bose of Supreme Court lamented that despite founding fathers' wish, no step has so far been taken by the central government for framing a uniform civil code.
Delhi High Court's Justice Pratibha Singh also in a judgement on July 7, 2021 said the hope expressed in Article 44 that the State shall secure for its citizen a uniform civil code should not remain merely a hope.
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