States Have Power To Constitute Committees On Uniform Civil Code : Supreme Court

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a public interest litigation (PIL) challenging the decision of States of Uttarakhand and Gujarat to constitute committees to introduce and implement Uniform Civil Code (UCC).

The PIL in question had been filed by Mr. Anoop Baranwal. The bench, while noting that the states in question had the right to form or constitute committees under Article 162 of the Indian Constitution, stated that the PIL was devoid of merit.

CJI DY Chandrachud orally remarked–

"What is wrong with it? The constitution of such committees cannot be challenged as ultra vires before courts. Look at entry 5 of the concurrent list."

The court stated that Article 162 provides that executive power of states extends to what legislature permits it to do.

Accordingly, the petition was dismissed for being devoid of any merits. 

"Article 162 of the Constitution indicates that the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws. 3 In view of the provisions of Entry 5 of the Concurrent List of the Seventh Schedule, the constitution of a Committee per se cannot be challenged as ultra vires.", the order reads.

UCC Uttarakhand 

Last year, the Government of Uttarakhand formed a Committee of Experts to examine the relevant laws regulating personal civil matters of residents of Uttarakhand and to prepare draft law/laws or suggest changes in existing laws on the subject that includes marriage, divorce, property rights, succession/inheritance, adoption, maintenance, custody and guardianship. The Committee has also been tasked to prepare a report on implementing a Uniform Civil Code in Uttarakhand. Former Supreme Court Judge Justice Ranjana Prakash Desai is the Chairperson of the Committee. The other members of the committee include former Chief Justice of Sikkim High Court Permod Kohli, social activist Manu Gaur, retired IAS officer Shatrughan Singh, and Doon University Vice-Chancellor Surekha Dangwal.

Case Details

Anoop Baranwal vs Union of India | 2023 LiveLaw (SC) 22 | WP(C) No. 1086/2022 | 9 Jan 2023 | CJI D Y Chandrachud and Justice P S Narasimha

Headnotes

Constitution of India, 1950 ; Article 162, 44 and Entry 5 of the Concurrent List of the Seventh Schedule - Writ Petition Challenging constitution of the Committee on the Uniform Civil Code set up by the State of Uttarakhand - Dismissed -  Article 162 of the Constitution indicates that the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws -In view of the provisions of Entry 5 of the Concurrent List of the Seventh Schedule, the constitution of a Committee per se cannot be challenged as ultra vires.

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