Ashwini Kumar Upadhyay v. Union of India: On Friday, the Delhi High Court declined to consider a number of petitions requesting that the Central government be directed to create a Uniform Civil Code (UCC) for the nation.
Acting Chief Justice Manmohan and Justice Mini Pushkarna’s division bench declared that it could not order the legislature to pass legislation in this particular area.
“We cannot order the legislature to pass legislation. The Supreme Court had addressed the matter and dismissed the petitions,” the Court declared.
The petitioners are free to contact the Law Commission with their recommendations, the Court added, as the Law Commission has already taken notice of the case.
In June, the Indian Law Commission asked the general public, reputable religious institutions, and other interested parties for their opinions and recommendations about the Uniform Civil Code (UCC).
The BJP leader Ashwini Upadhyay and other petitioners, such as Nighat Abbas and Amber Zaid, subsequently withdrew their requests.
Upadhyay’s 2019 lead appeal asked the Central Government to establish a Judicial Commission or a High Level Expert Committee and give them three months to design a Uniform Civil Code.
The petition sought a UCC for the country after considering the best practices of all religions, sects, civil laws of developed countries, and international conventions.
In its response to the petition, the Central government sought dismissal of the petition. The Law Ministry said that UCC can be introduced only after an in-depth study of various personal la
ws governing different communities and cannot be done in three months based on court orders.
Under the Constitutional scheme, only the parliament can undertake such a task and a court cannot issue a writ to the legislature to enact a particular legislation, the Law Ministry said in an affidavit filed by it.
The Court on Friday said that Supreme Court’s order on the issue is clear and categorical and the High Court will not go beyond the Supreme Court’s order.
It, therefore, refused to entertain the plea prompting the petitioners to withdraw the same.
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