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

Narendra Modi

Day before additional 25% US tariffs, PM Modi makes pitch for swadeshi, Make in India

10 hours ago
ECI

ECI:1.62 lakh objections filed in Bihar’s special electoral roll revision

12 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

Praptimayee Biswal

December 12, 2019
#MyPaperBagChallenge

Adweeti Bhattacharya

December 12, 2019
#MyPaperBagChallenge

Aman Kumar Barisal

December 12, 2019
#MyPaperBagChallenge

Debasis Mohanty

December 12, 2019
#MyPaperBagChallenge

Sarfraz Ahmad

December 12, 2019
#MyPaperBagChallenge

Diptiranjan Biswal

December 12, 2019
#MyPaperBagChallenge

Surya Sidhant Rath

December 12, 2019
#MyPaperBagChallenge

Archit Mohapatra

December 12, 2019
#MyPaperBagChallenge

Mrutyunjaya Behera

December 12, 2019
#MyPaperBagChallenge

Anshuman Sahoo

December 12, 2019
#MyPaperBagChallenge

Aishwarya Ranjan Mohanty

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Archana Parida

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

Dibya Ranjan Das

December 12, 2019
#MyPaperBagChallenge

Jhili Jena

December 12, 2019
#MyPaperBagChallenge

Faiza Firdous

December 12, 2019
#MyPaperBagChallenge

Vandana Singh

December 12, 2019
#MyPaperBagChallenge

Sipra Mishra

December 12, 2019
#MyPaperBagChallenge

Ramakanta Sahoo

December 12, 2019
#MyPaperBagChallenge

Ankita Balabantray

December 12, 2019
#MyPaperBagChallenge

Nishikant Rout

December 12, 2019
#MyPaperBagChallenge

Amritansh Mishra

December 12, 2019
#MyPaperBagChallenge

Pratyasharani Ghibela

December 12, 2019
#MyPaperBagChallenge

Rajashree Manasa Mohanty

December 12, 2019
#MyPaperBagChallenge

D Rama Rao

December 12, 2019
#MyPaperBagChallenge

Subhajyoti Mohanty

December 12, 2019
#MyPaperBagChallenge

Keshab Chandra Rout

December 12, 2019
#MyPaperBagChallenge

Pratik Kumar

December 12, 2019
#MyPaperBagChallenge

Kamana Singh

December 12, 2019
#MyPaperBagChallenge

Sarmistha Nayak

December 12, 2019

Archives

Editorial

Hindi-Chini Bhai Bhai

PM Modi, Wang Yi
August 26, 2025

This is a good moment for fruitful and significant interactions between India and China at the highest level when Prime...

Read moreDetails

Laws For Vindictiveness

OPiate
August 25, 2025

Three new Bills were introduced in the Lok Sabha by Union Home Minister Amit Shah shortly before Parliament adjourned last...

Read moreDetails

India’s Pak Policy

AAKAR PATEL
August 24, 2025

Problems between two parties can be resolved in one of only three ways. The first is through negotiation between these...

Read moreDetails

CIC on Life Support

Silent Shift
August 23, 2025

As of September 14, the Central Information Commission (CIC) may be headless. Chief Information Commissioner Heeralal Samariya retires, and unless...

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

© 2024 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

© 2024 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

    © 2024 All rights Reserved by OrissaPOST