Uniform civil code: Dismiss PILs against proposals, Law Ministry tells SC

The Union law ministry has submitted an affidavit before the Supreme Court saying that Parliament has the sovereign right to frame laws and no other authority can issue a direction to enact any law. Thus, PILs filed before the court seeking a Uniform Civil Code (UCC) in the country must be dismissed as non-maintainable, the ministry said in what was its first affidavit in the apex court on the issue of UCC.

The central government filed its affidavit in response to the petitions filed by BJP leader and advocate Ashwini Upadhyay seeking a direction to the Union government to frame religion and gender-neutral uniform laws for divorce, adoption, guardianship, succession, inheritance, maintenance, marriage age and alimony.

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Court had sought govt’s response

The top court had earlier sought a comprehensive response from the Union government on a batch of petitions seeking a direction to the government to frame religion and gender-neutral laws for civil matters.

The Centre also asked the Supreme Court to dismiss the PIL and impose a fine on the petitioner.

Court on Article 44

According to LiveLaw, some of the petitions said that though the Supreme Court or high court “cannot ask the Government to implement Article 44 of the constitution”, it can direct the Union government to constitute a committee to prepare a draft of UCC.

The ministry said that the purpose behind Article 44 is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution. “This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws. Thus, in view of the importance and sensitivity of the subject matter, in-depth study of various personal laws is required,” the affidavit said, according to LiveLaw.

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The affidavit also said that extensive consultations are needed for the UCC and for this, the committee should be constituted. It further added that once the committee is constituted, it will be placed before the Law Commission of the country.