The Central government has said the Uniform Civil Code (UCC) is a policy matter for the legislature to decide on. The government said that no direction in this regard can be issued by the court.
Responding to a plea by BJP spokesperson Ashwini Kumar Upadhyay seeking drafting of a UCC within 3 months, the Union Law Ministry affidavit filed in the Delhi High Court said the matter is pending before the Law Commission of India and the Commission is doing an in-depth study of various personal laws governing different communities. The exercise cannot be done in three months based on court orders.
After the report of the Commission, the Central Government will decide its stand on the UCC and take a decision, the affidavit said. The case has been listed for hearing on January 13.
The Law Ministry said various personal laws governing different communities need deep analysis and cannot be done in three months based on court orders. The Centre submitted that a writ of mandamus cannot be issued to the legislature to enact particular legislation as it is a settled position of law as has been held by Apex Court in various judgments that under the 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.
Upadhyay had moved the Delhi HC seeking a direction to the Central Government to constitute a judicial commission or a high-level expert committee to draft a UCC within three months.
He had contended that under the Directive Principles of State Policy (Article 44 of the Constitution), it is incumbent upon the government to draft a UCC. Various High Courts have urged the Centre to enact a UCC in the recent past.