New Delhi: The Union Law Ministry on Tuesday told the Supreme Court it cannot direct Parliament to frame a Uniform Civil Code (UCC) and urged it to dismiss public-interest litigation seeking such direction as “non-maintainable”.
In its response to a PIL by Delhi BJP lawyer Ashwini Upadhyay, seeking uniformity in laws regulating marriage, divorce, maintenance and alimony, the ministry said a writ of mandamus cannot be issued to the legislature to enact a particular law.
The ministry said the court cannot issue any direction in the matter as it concerns policy which can only be dealt with by elected representatives. It is for the legislature to enact a law, or decide not to.
Six PILs were placed before the Supreme Court – four by Mr Upadhyay, one by Lubna Qureshi and another by Doris Martin, seeking enactment of a UCC.
On the petitioner’s assertion that Article 44 of the Constitution is a directive principle which requires the State to endeavour to secure a UCC for all citizens, the law ministry said the Article is to strengthen the object of a “secular democratic republic” as enshrined in the Preamble. It said an in-depth study of various personal laws is needed in view of the importance and sensitivity of the provision to bring all communities on a common platform in all matters currently governed by diverse personal laws.
Pointing out that a detailed examination was done by the 21st Law Commission by inviting representations from several stakeholders, the ministry said the matter would be placed before the 22nd Law Commission.
The petitioners said the UCC had always been seen as a spectacle of religious appeasement, and while the Supreme Court or High Court cannot ask the Government to implement Article 44, they can direct the Centre to constitute a committee to prepare a draft of the code.
A similar plea is pending before the Delhi High Court where the Centre has submitted an affidavit saying this is a matter of public policy and no order can be issued by the courts.
