Delhi High Court Declines to Direct Legislature on Uniform Civil Code, Citing Supreme Court Precedent and Law Commission’s Role
In a recent judicial development, the Delhi High Court has chosen not to proceed with a series of petitions advocating for the establishment and implementation of the Uniform Civil Code (UCC) across India. This decision aligns with the ongoing deliberations by the Law Commission of India on the same issue.
Also read- Delhi High Court Firmly Rejects Plea For Recovery Of Bribe In AIIMS MBBS Admission (lawchakra.in)
The division bench, led by Acting Chief Justice Manmohan and Justice Mini Pushkarna, made reference to a pivotal Supreme Court ruling issued in April. This ruling emphasized that the creation of laws is a prerogative that lies solely within the legislative sphere. The Supreme Court had explicitly stated,
“We cannot direct the legislature to enact a law. The Supreme Court has already dealt with the issue and rejected the petitions,”
thereby asserting that it is not within the judiciary’s power to compel the legislature to formulate laws.
As a result of this legal stance, the Public Interest Litigations (PILs), including one prominent petition filed by BJP leader and Advocate Ashwini Kumar Upadhyay, were withdrawn. Addressing Upadhyay, who represented himself, the court observed,
“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 bench further elaborated,
“They are undertaking the exercise.…You want the process to be interdicted. When the Law Commission is seized of the matter, leave it to that to do it.…It will amount to stopping them from working.”
In the course of dismissing these pleas, the court, however, allowed the petitioners to present their suggestions to the Law Commission of India. Upadhyay’s petition had specifically called for the Central Government to establish a Judicial Commission or a High-Level Expert Committee. This body would be tasked with drafting a UCC, considering the best practices from various religions and sects, civil laws from developed nations, and relevant international conventions.
Previously, in response to this petition, the Union Government had conveyed to the court that the implementation of the Uniform Civil Code, as outlined in the Constitution as a directive principle, is a subject of public policy. The government had asserted that such a directive cannot be mandated by the court.
This latest turn of events in the Delhi High Court highlights the intricate balance and boundaries between India’s judiciary, legislative bodies, and constitutional authorities, particularly in addressing significant and potentially divisive national issues like the Uniform Civil Code. The active involvement of the Law Commission of India in this matter suggests a continued, methodical approach to this complex and sensitive topic.