The Supreme Court on 9th January said, that state governments have the power to examine the feasibility of implementing a Uniform Civil Code (UCC).
- A bench headed by Chief Justice of India Dhananjaya Y Chandrachud dismissed a public interest litigation (PIL) which had challenged moves by the Uttarakhand and Gujarat governments to set up panels for preparing drafts on implementation of the UCC.
- The petitioner had argued that although Article 44 of the Constitution talks about UCC, it is merely a directive principle that does not bind a state to compulsorily move towards a common law for all communities and religions.
Key observations of Supreme Court
- The Constitution permits not only the Union government but also the states to legislate on subjects such as marriage, divorce and adoption.
- The bench found no legal infirmity in the constitution of the committees to examine pertinent aspects of such a code.
- The bench referred to Entry 5 of the Concurrent List, under which both the Centre and the states are empowered to make laws on marriage and divorce, infants and minors, adoption, wills, intestacy and succession, joint family and partition.
- The court also also lent credence to Article 162 of the Constitution which lays down that the executive power of a state shall extend to matters.
- There is nothing in the Constitution or any law that can prevent a state from examining the feasibility of UCC.
