Odisha News, Odisha Latest news, Odisha Daily - OrissaPOST
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
  • Home
  • Trending
  • State
  • Metro
  • National
  • International
  • Business
  • Feature
  • Entertainment
  • Sports
  • More..
    • Odisha Special
    • Editorial
    • Opinion
    • Careers
    • Sci-Tech
    • Timeout
    • Horoscope
    • Today’s Pic
  • Video
  • Epaper
  • News in Odia
No Result
View All Result
OrissaPOST - Odisha Latest news, English Daily -
No Result
View All Result

‘No direction can be issued to Parliament to frame Uniform Civil Code’, Centre to SC

IANS
Updated: October 18th, 2022, 13:44 IST
in National
0
Supreme Court
Share on FacebookShare on TwitterShare on WhatsAppShare on Linkedin

New Delhi: The Law Ministry has told the Supreme Court that the court cannot direct Parliament to frame or enact any law, as it sought dismissal of PILs seeking a Uniform Civil Code (UCC) in the country.

The ministry said that to have legislation or not is a policy decision and the court cannot give any direction to the executive.

Also Read

Medical body moves SC over NEET-UG paper leak row

4 hours ago
Vijay

TVK regime wins trust vote in TN Assembly, AIADMK rebel group backs govt

4 hours ago

In a written response, the ministry said: “It is submitted that, the present writ petition is not maintainable in the eye of law since the petitioner, inter alia, seeking direction against the Union of India to remove the anomalies in the ground of divorce and make Uniform Civil Code.”

The response further added, “It is a settled position of law as has been held in a catena of judgments by this court that under our constitutional scheme, Parliament exercises 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 particular legislation.”

The ministry’s response came on a PIL by advocate Ashwini Upadhyay seeking uniformity in the personal laws regulating marriage divorce, maintenance and alimony.

The ministry said, “This is a matter of policy for the elected representatives of the people to decide 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.”

It added that the Article 44 of the Constitution is a directive principle requiring the state to endeavour to secure UCC for all the citizens, and the purpose behind Article 44 is to strengthen the object of “secular democratic republic” as enshrined in the Preamble of the Constitution.

It submitted that the provision is provided to effect integration of India by bringing communities on a common platform on matters which are at present governed by diverse personal laws. Therefore, against the backdrop of the sensitivity of the subject matter, in-depth study of provisions of various personal laws governing different communities is required, added the ministry.

It assured the court that it is conscious of the matter and that the 21st Law Commission conducted a detailed examination by inviting representations from several stakeholders.

However, in August 2018 the commission’s term ended and the matter was scheduled to be placed before the 22nd Law Commission. “As and when the Report of the Law Commission in the matter is received, the government would examine the same in consultation with the various stakeholders involved in the matter,” said the ministry.

Upadhyay’s, in one of the directions in his plea, sought steps to remove anomalies grounds of divorce and make them uniform all for citizens without prejudice on the basis of religion, race, sex or place of birth in spirit of Articles 14, 15, 21, 44, and international conventions.

Tags: CentreSCUniform Civil Code
ShareTweetSendShare
Suggest A Correction

Enter your email to get our daily news in your inbox.

 

OrissaPOST epaper Sunday POST OrissaPOST epaper

Click Here: Plastic Free Odisha

#MyPaperBagChallenge

Akshaya Kumar Dash

December 12, 2019
#MyPaperBagChallenge

Anup Mahapatra

December 12, 2019
#MyPaperBagChallenge

Adrita Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Spinoj Pattnaik

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Narendra Kumar

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Sitakanta Mohanty

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Parbati Mohanty

December 12, 2019
#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Matrumangal Jena

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019
#MyPaperBagChallenge

D Rama Rao

December 12, 2019
#MyPaperBagChallenge

Aishwarya Ranjan Mohanty

December 12, 2019
#MyPaperBagChallenge

Kamana Singh

December 12, 2019
#MyPaperBagChallenge

Tapaswini Mallick

December 12, 2019
#MyPaperBagChallenge

Geetanjali Patro

December 12, 2019
#MyPaperBagChallenge

Diptiranjan Biswal

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????
#MyPaperBagChallenge

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Priyasha Pradhan

December 12, 2019
#MyPaperBagChallenge

Priyabrata Mohanty

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Jyotshna Mayee Pattnaik

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Smitarani Sahoo

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019

Archives

Editorial

Xi-Trump Tete-a-Tete

Pic- AP
May 13, 2026

Finally, the much-awaited meeting between US President Donald Trump and his Chinese counterpart Xi Jinping is taking place. Trump’s three-day...

Read moreDetails

PM’s Prescription

Narendra Modi - Women's Reservation Act
May 12, 2026

When Prime Minister Narendra Modi urged the people in the country on 10 May to curb fuel use, reduce overseas...

Read moreDetails

Biased Neutral

Tamil Nadu elections
May 11, 2026

The framers of the Constitution envisaged the office of the Governor as a neutral constitutional authority, detached from partisan politics...

Read moreDetails

Diplomatic Reset

Power of Continuity
May 9, 2026

Every few years, India calls in its envoys for a reality check. At the 11th Heads of Mission Conference recently,...

Read moreDetails
  • Home
  • State
  • Metro
  • National
  • International
  • Business
  • Editorial
  • Opinion
  • Sports
  • About Us
  • Advertise
  • Contact Us
  • Jobs
Developed By Ratna Technology

© 2025 All rights Reserved by OrissaPOST

  • News in Odia
  • Orissa POST Epaper
  • Video
  • Home
  • Trending
  • Metro
  • State
  • Odisha Special
  • National
  • International
  • Sports
  • Business
  • Editorial
  • Entertainment
  • Horoscope
  • Careers
  • Feature
  • Today’s Pic
  • Opinion
  • Sci-Tech
  • About Us
  • Contact Us
  • Jobs

© 2025 All rights Reserved by OrissaPOST

    • News in Odia
    • Orissa POST Epaper
    • Video
    • Home
    • Trending
    • Metro
    • State
    • Odisha Special
    • National
    • International
    • Sports
    • Business
    • Editorial
    • Entertainment
    • Horoscope
    • Careers
    • Feature
    • Today’s Pic
    • Opinion
    • Sci-Tech
    • About Us
    • Contact Us
    • Jobs

    © 2025 All rights Reserved by OrissaPOST