Volume 2 Issue 7

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Petition filed to transfer cases related to Uniform Civil Code, to Supreme Court from various High Courts.

Date of News: 

10-01-2022

Date of Publication: 

10-02-2022

Unique ID:

202281512

Name of the Author: 

Malaika Kadam

Field of Law: 

Constitutional Law

Content of News:

A petition has been filed by Amber Zaidi through Adv. Bijan Ghosh, before the SC, to transfer pending cases regarding the implementation of Uniform Civil Code provided under Article 44, from the Delhi HC to the apex court. The petitioner said that though Article 44 is so affirmatively framed, it is indeed a negative guarantee against applying Uniform Civil Code, and thus, such code hasn�t been achieved even after 70 years of adopting the Constitution. The petition stated that Munshi was of the view that a Uniform Civil code was necessary if we wanted a unified and secular country. It further mentioned that Dr. Ambedkar was rather surprised to hear of a country this vast having One Law, and he pointed out that India has uniform code in many matters and such is not the case in instances of marriage, adoption, succession and maintenance. Former CJI Justice Gajendra Gadkar noted that the non-implementation of the UCC is a failure of Indian democracy and a suitable action is required sooner as for evolving a new secular social order, UCC is a must. Justice K.S. Hegde was of the view that personal laws based on religion were a medieval times concept, and are not in accordance with the secular and cosmopolitan modern societies, and thus, their presence will hinder the formation of a homogenous nation. Therefore, to give purpose to Article 44, a writ petition was filed in the Delhi HC and this petition pleads the transfer of that petition to the Supreme Court as there are many writ petitions with same cause pending before this court, and in various other HCs which are required to be transferred to the apex court, to get a single authoritative judgement. The petition was first listed on November 15, 2019, and the last date of hearing was December 9, 2019, which was adjourned to March 2, 2020. Till now no further date has been listed.

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