Centre opposes plea for framing Uniform Civil Code

The Centre has opposed before the Delhi High Court a plea for framing Uniform Civil Code, saying the Law Commission was examining the matter and the government would look into the issue after receiving a report.

It, however, maintained, "Citizens belonging to different religious denominations follow different property and matrimonial laws, which is an affront to the nation's unity."

In a reply to a PIL filed by BJP leader and advocate Ashwini Kumar Upadhyay, the Ministry of Law and Justice said Parliament exercised sovereign power to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation.

"A writ of Mandamus cannot be issued to the legislature to enact a particular legislation. This is a matter of policy for the elected representatives of the people to decide and no direction can be issued in this regard by the court. It is for the legislature to enact or not to enact a particular piece of legislation," the reply said.

In his plea, Upadhyay sought a direction from the High Court to the central government to constitute a judicial commission or a high level expert committee to draft a Uniform Civil Code within three months.

He claimed that Article 44 of the Constitution under the Directive Principles of State Policy called upon the government to draft a UCC.

In its response, the government, however, said that the purpose behind Article 44 is to strengthen the object of "secular democratic republic" as enshrined in the preamble of the Constitution.

"This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws. Article 44 divests religion from social relations and personal law," the affidavit said.

It had, therefore, asked the Law Commission to undertake such a study and make recommendations.

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