Gujarat High Court rejects plea against Uniform Civil Code panel composition, stating no prejudice caused to any class. UCC committee formation upheld amid ongoing UCC row and legal scrutiny.
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GUJARAT: The Gujarat High Court, on July 29, 2025, dismissed a Public Interest Litigation (PIL) filed by Abdul Vahab Mohammed Shabbir Sopariwala, challenging the composition of the committee constituted to examine the implementation of the Uniform Civil Code (UCC) in the State of Gujarat.
The petitioner argued that the committee lacked representation from minority communities, despite the UCC potentially affecting personal laws followed by Muslims, Christians, Parsis, and Sikhs. He sought a writ of mandamus for:
- Reconstitution of the committee with members having subject matter expertise.
- A consultative process involving all religious and cultural groups before any step toward UCC implementation.
The State, represented by Advocate General Kamal Trivedi, countered that:
- The committee was set up through an executive order under Article 162 of the Constitution.
- It was a purely administrative action, not backed by any statutory obligation.
- Therefore, a writ of mandamus was not maintainable to interfere with member selection.
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The Court’s Findings
Justice Niral R. Mehta held that:
“When the constitution of the committee is not backed by any statutory force, the selection of its members cannot be subjected to challenge under Article 226 of the Constitution.”
The Court emphasized:
- The absence of a statutory framework meant the State retained full discretion in appointing committee members.
- The mere formation of a committee did not cause prejudice to any community since it was open to public participation.
- Judicial review of such executive actions under Article 162 was limited.
The Court also cited the Supreme Court’s judgment in Asif Hameed v. State of J&K, distinguishing between administrative and quasi-judicial functions. It clarified that committees formed for administrative purposes do not attract the same scrutiny as those constituted under statutory mandates.
The petition was dismissed as “devoid of merit,” reinforcing that executive discretion under Article 162 remains outside the scope of judicial interference unless a statutory violation is evident.
Case Title: Abdul Vahab Mohammed Shabbir Sopariwala v. State of Gujarat
R/SPECIAL CIVIL APPLICATION NO. 4967 of 2025
READ JUDGMENT HERE
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