Parliament has the sovereign right to make laws. Thus, PILs filed in court calling for a uniform civil code in the country should be dismissed as untenable, the Justice Department said in its affidavit.
The Union Justice Department has filed an affidavit in the Supreme Court stating that Parliament has the sovereign right to make laws and no other authority can give orders to enact a law. Thus, PILs filed in court calling for a Uniform Civil Code (UCC) in the country must be dismissed as untenable, the department said in what was its first affidavit before the Supreme Court on the UCC issue.
The central government filed its affidavit in response to petitions filed by BJP leader and lawyer Ashwini Upadhyay calling on the Union government to come up with uniform religious and gender-neutral laws for divorce, the adoption, guardianship, succession, inheritance, maintenance, age of marriage. and alimony.
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The court had asked for the government’s response
The Supreme Court previously called for a comprehensive response from the Union government to a batch of petitions asking the government to come up with religious and gender-neutral laws for civil matters.
The Center also asked the Supreme Court to dismiss the POA and impose a fine on the petitioner.
Court on Section 44
According to LiveLaw, some of the petitions stated that although the Supreme Court or High Court “cannot ask the government to implement section 44 of the constitution”, it can order the Union government to set up a committee. to prepare a UCC project.
The ministry said the purpose of Section 44 is to reinforce the purpose of the “secular democratic republic” as enshrined in the preamble of the Constitution. “This provision is intended to effect the integration of India by bringing the communities on the common platform on matters which are currently governed by various personal laws. Thus, given the importance and sensitivity of the subject, an in-depth study of various personal laws is necessary,” the affidavit stated, according to LiveLaw.
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The affidavit also stated that extensive consultations are necessary for the UCC and for this the committee should be constituted. He further added that once the committee is formed, it will be placed before the Law Commission of the land.