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Uniform Civil Code: Transfer petition filed in Supreme Court to shift various cases in HCs to Apex Court

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A transfer petition has been filed before the Supreme Court in the matter of implementation of common civil code which is enacted in Article 44 of the Constitution of India pending in the Delhi High Court.

The petition has been filed by Amber Zaidi through Advocate Bijan Ghosh.                      

The petitioner states that Article 44 of the Constitution of India, though it is couched with all positive words, is intrinsically a negative guarantee against achieving Uniform Civil Code for that reason inspite of passing of seven decades since adaptation and enactment of the Constitution of India the we have not yet got Uniform Civil Code.

“To say the least Munshi felt that a Uniform Civil Code was essential if we wanted a unified and secular country. Dr. Amberkar said that he was surprised to hear that was too vast a country to have One Law. He pointed out India has a uniform code in many matters, namely – Contract , Transfer of Properties Act, Civil Procedure, Criminal Procedure, Evidence, Limitation , Arbitration, Negotiable Instruments Act, Sale of Goods Act – and a host of other statutory laws save those of marriage, succession, adoption, maintenance. He pointed that it is wrong to say that Muslim Laws were immutable and uniform throughout India till 1935,”

-the petition said.

Former CJI J. Gajendragadkar had observed,

“In any event , the non-implementation of the provision contained in Article 44 amounts to a great failure of Indian democracy and the sooner we take suitable action in that behalf, the batter,” and that, “in the process of evolving a new secular social order, a uniform civil code is a must.”

J.K.S.Hegde also said, “Religion oriented personal laws were a concept of medieval times – alien to modern societies which are secular as well as cosmopolitan” and that “so long as our laws are religion oriented, we can hardly build up a homogeneous nation”.

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The petition submitted that to bring meaningful life to the letters of Article 44 of the Constitution of India, the writ petition was moved before High Court of Delhi at New Delhi and this transfer petition is field to bring that writ petition transferred to Supreme Court, as there are other writ petitions pending on the same self cause of action pending before Supreme Court and there may be other writ petitions pending before other High Court(s) which are required to be brought before this Court for authoritative as well as one judgment.

The last date of hearing was December 9, 2019, while adjourned to March 2, 2020, but not taken up for hearing and till date no further date of listing. It was first listed on November 15, 2019.

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