'Uniform Civil Code Is Public Policy Matter, No Direction Can Be Issued To Parliament': Centre To Delhi High Court

The Central Government has informed the Delhi High 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.

The submission has come in the counter affidavit filed by the Centre in the PIL filed by BJP leader Ashwini Upadhyay, seeking introduction of Uniform Civil Code in the country.

The Centre further submitted that the Parliament exercises sovereign power to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation.

Reliance is placed on Mool Chand Kucheria v. Union of India, where Centre submits that the Delhi High Court held it would be inexpedient to think that all laws have to be made uniformly applicable to all people in one go.

It has also been submitted that the petitioner cannot direct executive to bring in a particular piece of legislation.

"This is a matter of policy for the elected representatives of the people to decide...to have a legislation or not is a policy decision and the Court cannot give any direction to the Executive," the affidavit reads.

It has further been stated that in view of the sensitivity involved in the matter which requires an in-depth study of the provisions of various personal laws governing different communities, the Central Government had requested the Law Commission of India to undertake examination of various issues relating to uniform civil code and to make recommendation.

Accordingly, the Centre seeks dismissal of the petition as non-maintainable.

The petition has sought directions on the Centre to constitute a Judicial Commission or a High Level Expert Committee, to draft a UCC as per Article 44 of the Constitution while considering best practices of all religions and sects, Civil Laws of developed countries and international conventions.

Last year, observing that the hope expressed under Article 44 of the Constitution should not remain a 'mere hope', Justice Pratibha M Singh had expressed the need for having a Uniform Civil Code after noting that the Indian society is gradually becoming homogenous while the traditional barriers are slowly disappearing.

"In modern Indian society which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating. The youth of India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce," it had observed.

Case Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & ANR.