The Supreme Court has been apprised by the Union Law Ministry that it cannot direct the Parliament for framing or enacting any law.
The Union Law Ministry has also asked the Apex Court that the PILs pertaining to Uniform Civil Code in the country must be dismissed as non-maintainable.
While responding to the PIL filed by BJP leader and Advocate Ashwini Upadhyay with regards to seeking uniformity in the personal laws regulating marriage divorce, maintenance and alimony, the Ministry said that a writ of Mandamus cannot be issued to the legislature to enact a particular legislation.
It further said that it was policy matter which can be dealt by elected representatives and no direction in this regard can be issued by the Court. It is for the legislature to enact or not to enact a piece of legislation.
The Article 44 of the Indian Constitution is a directive principle which requires the State to endeavor to secure Uniform Civil Code for all the citizens.
The Ministry emphasized on the part Article 44 is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
The purpose of the provision is to provide integration of India by bringing all communities on the common platform in all types of matters which are at present governed by diverse personal laws.
In view of the importance and sensitivity of the subject matter, in-depth study of various personal laws is required.
The Ministry has also assured the Court that it at the 21st Law Commission a detailed examination of the same was done by inviting representations from several stakeholders.
It also added that said , the matter will be placed before the 22nd Commission as it is formed.
The Ministry also added that when the Report of Law Commission in the matter is received, it would be examined with help of various stakeholder involved in the matter.
About Six PILs have been placed before the Supreme Court- four by Ashwini Upadhyay, one petition filed by Lubna Qureshi and another petition filed by Doris Martin, seeking the enactment of UCC.
The petitioners have said that UCC has always been seen as a spectacle of religious appeasement, and while the Supreme Court or High Court cannot ask the Government to implement Article 44 of the Constitution but can direct the Centre to constitute a committee to prepare a draft of Uniform Civil Code.
Similiar plea is also pending before the Delhi High Court.
The Centre had filed an affidavit before the High Court stating that it is a matter of public policy and that no in this regard can be issued by the Court.