Supreme Court rejects PIL challenging States' forming committees for implementing Uniform Civil Code

The Supreme Court of India on Monday dismissed a public interest litigation (PIL) petition challenging the decision of States of Uttarakhand and Gujarat to constitute committees to introduce and implement Uniform Civil Code (UCC). .A bench of Chief Justice DY Chandrachud and Justice PS Narasimha said the plea filed by one Anoop Baranwal is devoid of merit and constitution of such committees cannot be challenged as ultra vires before courts."Constitution of committees set up by Gujarat and Uttarakhand to frame UCC is challenge here. Article 162 indicates that executive power of states extends to what legislature permits it to...Constitution of the committee cannot be challenged as ultra vires.".The Bench also said that there was nothing wrong in States forming committees as Article 162 of Constitution gives the power to executive to do so."What is wrong with it? They have only constituted a committee under their executive powers that Article 162 gives...Look at entry 5 of concurrent list," said CJI Chandrachud..In October last year, the Gujarat government's Home Minister Harsh Sanghvi had informed that the State is all set to introduce UCC.In a press conference held at the State Bhartiya Janta Party (BJP), Headquarters, the Home Minister Sanghvi had said that, "a demand for Uniform Civil Code was requested by people from all over the country and the Gujarat government today under the leadership of Chief Minister has decided upon this important issue."Earlier in May 2022, the Uttarakhand government had also formed a 5-member panel headed by retired Supreme Court judge Justice Ranjana Prakash Desai to examine the relevant personal laws in the State and to implement UCC..Petitions are also pending before the Supreme Court seeking uniform grounds and procedure for divorce and uniform procedure for adoption and guardianship for all communities across the country.The Central government has opposed the plea, saying it falls within the domain of legislature..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.