'Leave It To Law Commission Of India': Delhi High Court Closes Pleas Seeking Uniform Civil Code

The Delhi High Court on Friday closed a batch of petitions seeking introduction and implementation of the Uniform Civil Code (UCC) in the country, observing that the Law Commission of India is already seized of the matter.

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna referred to an order passed by the Supreme Court of India in April wherein it was held that enactment of law lies exclusively within the domain of legislature and that a mandamus cannot be issued to the legislative to enact law.

Resultantly, the PILs, including the one filed by BJP leader and Advocate Ashwini Kumar Upadhyay were withdrawn from court.

“The Supreme Court order is clear.…They (Law Commission of India) don't need us. They are an authority constituted by the Constitution [of India] to do it….They will do it,” the court told Upadhyay who was appearing in person.

The bench added: “They are undertaking the exercise….You want the process to be interdicted. When law commission is seized of the matter, leave it to that to do it….It will amount to stopping them from working.”

While disposing of the pleas, the court however granted liberty to the petitioners to give their suggestions to the Law Commission of India.

Upadhyay in his petition sought direction on the Centre to constitute a Judicial Commission or a High Level Expert Committee to draft a UCC, while considering best practices of all religions and sects, Civil Laws of developed countries and international conventions.

Last year, while responding to the petition, the Union Government told court that implementation of the Uniform Civil Code, a directive principle under the Constitution, is a matter of public policy and that no direction in this regard can be issued by the Court.

Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA AND ANR and Other Connected Matters

Citation: 2023 LiveLaw (Del) 1195