Friday, December 9, 2022

Supreme Court refuses to enact uniform law for trusts, trustees, dismisses petition as withdrawn

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The petition seeking for direction to declare that Centre could only enact uniform law for Trust and trustees, charities and charitable institutions, and religious endowments and institutions was refused by the Supreme Court today

The decision on the plea was taken by the Bench of Justice DY Chandrachud, however petitioner was granted liberty to pursue any remedy as available in law. Ashwini Kumar Upadhyay , the petitioner however withdraw his petition.

Court during the session  remarked that courts cannot issue any direction to the parliament for a law to be enacted , while the petitioner is seeking a common law for all trusts, which as a matter can only be done in  parliament and court cannot intervene in the process and direct.

If the petition is aggrieved by provisions of law then it can certainly be challenged and court can look into it from a legal perspective .

Petition by Ashwini Kumar Upadhyay, seeks to direct and declare that the Centre can enact only Uniform Law for Trust and Trustees, Charities and Charitable Institutions, and Religious Endowments and Institutions as enumerated in Item 10 and 28 of the List-III Seventh Schedule in consonance with Articles 14-15, and can’t make separate law for Waqf and Waqf properties.

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The petitioner has said that Sections 4, 5, 6, 7, 8, 9 of the Waqf Act, 1995 are manifestly arbitrary, irrational and offend Articles 14-15 of the Constitution of India, hence they should be declared void.

The petitioner also states that it should be declared by the court that in case there is any dispute on religious matter of property between the two communities , the matter shall be decided by Civil Court under Section 9 of Civil Procedure Code and not by any tribunal .

The petitioner sought to direct the Centre or Law Commission to draft a ‘in the spirit of Articles 14-15 and publish it on the website for the public debate-feedback.

What has been sought by petitioner is direction to Centre or the law commissions for drafting a Uniform Code for Trust-Trustees and Charities-Charitable Institutions on the spirit of article 14-15 of constitution. He also asked for public debate and feedback on the same.

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