'What is wrong with it?' SC on plea against formation of panel to examine UCC by states

The Supreme Court on Monday declined to entertain a PIL questioning the validity of the decision of forming a committee by the states of Gujarat and Uttarakhand to examine the enactment of the Uniform Civil Code.

"What was wrong with the committees?" the top court asked as it found the PIL by advocate Anoop Baranwal devoid of merit.

A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said under Article 162 of the Constitution, the executive order of states extended to what legislature permitted it, which cannot be challenged as ultra vires of the Constitution.

Just ahead of the announcement of Assembly poll dates, the BJP-ruled Gujarat government has in October 2022 decided to form a committee to examine the possibility of the Uniform Civil Code.

Earlier, the BJP government in Uttarakhand before the Assembly polls also decided to form a committee headed by former SC judge Justice Ranjana Prakash Desai for the purpose.

A number of pleas, including by advocate Ashwini Kumar Upadhyay, have also been pending before the top court to direct the Centre to frame uniform laws with regard to marriage, adoption, succession, adoption etc.

The Supreme Court has given a series of judicial pronouncements on the need to have a uniform civil code, including the Shah Bano case (1985), the Sarla Mudgal Cass (1995) and the John Vallamattom case (1999).

In a judgement on September 13, 2019, Justices Deepak Gupta (since retired), along with Justice Aniruddha Bose of the Supreme Court ruled that despite the founding fathers' wish, no step has so far been taken by the central government for framing a uniform civil code.

Justice Pratibha Singh of the Delhi High Court also, in a judgement on July 7, 2021, said the hope expressed in Article 44 of the Constitution that the State shall secure for its citizen a uniform civil code should not remain merely a hope.