‘Selection within state government's absolute domain': Gujarat HC rejects petition seeking directions to reconstitute UCC committee

Indian Express

6 days ago

Stating that it was 'perfectly justified' for the state government to select members of the committee appointed to oversee the implementation of the Uniform Civil Code (UCC) in the state, the Gujarat High Court has rejected a petition seeking directions to reconstitute the panel to include minority members.
The order of Justice Niral R Mehta of the Gujarat High Court on Tuesday stated that the selection of the five-member committee by the state government was 'within (their) absolute domain' as per the powers conferred by Article 162 of the Constitution.
The court order said, 'By constituting a Committee, it cannot be said that prejudice is caused to any class of people when more particularly it is always open for any class of people to make representation espousing their views on the Uniform Civil Code to the Committee so constituted. Under the circumstances, I see no good reason to exercise extraordinary jurisdiction under Article 226 of the Constitution of India in a realm of administrative decisions taken under Article 162 of the Constitution of India by the State of Gujarat.'
The UCC committee in Gujarat is chaired by Retired Supreme Court Justice Ranjana Desai and comprises as members retired IAS officer CL Meena, advocate R C Kodekar, former vice-chancellor of Veer Narmad South Gujarat University Dakshesh Thakar, and social activist Geetaben Shroff.
The court order further stated, '…If the facts of the present case are considered, admittedly, it appears that the constitution of the Committee is not by way of any provisions of statute. The said Committee is not having any character of statutory in nature. As a matter of fact, the constitution of the said Committee is purely an administrative decision. Thus, in absence of any statutory provisions, the authority cannot be expected and/or directed to act in a particular manner…'
The HC said, 'The Court… cannot direct the State authorities to select members in a particular manner. Any direction and/or order, in that regard, would be said to be unjustified and unwarranted interference in a purely administrative affairs of the State authorities, and thereby, this Court would not like to go in the area, which is absolutely within the domain of the State Government on its administrative side.'
What the petitioner had stated
The petitioner's advocate Zamir Shaikh had submitted before the HC that the members of the committee 'are not experts on the subject law and more so, they are the interested parties… against the principles of fair play'. The petitioner had also contended that UCC covers many personal laws and would touch the many minorities but the said Committee had no representation of any minority communities… the Committee should have been reformed/reconstituted by including representation from the minority communities so that real purpose and object of the constitution of the Committee can be achieved.'
Further, the petitioners had argued that the state government must 'have a consultative process involving all minority communities whose personal laws are going to be affected' as selecting members of the committee in 'an unilateral manner is against the basic fundamental' of the Constitution.
Advocate General Kamal Trivedi opposed the petition and submitted that when the petitioner has not challenged the power of the state government to constitute the committee under Article 162 of the Constitution, he'cannot challenge the selection of the members qua the Committee.'
The Advocate General submitted that the constitution of committee under Article 162 of the Constitution of India is purely an administrative action and has nothing to do with any statutory duty of the state government and therefore, there is 'no legal requirement prescribed by any statute for and how such Committee can be constituted.'
The petition was filed by Surat resident Abdul Vahab Sopariwala, challenging the constitution of the committee appointed by Chief Minister Bhupendra Patel on February 4 to examine the need for implementation of the UCC in Gujarat.
Sopariwala had made representations to the CM before moving the HC in April this year, seeking reconstitution of the committee on the ground that it does not include members from religious minorities 'who were important stakeholders in the implementation of the UCC'. It was necessary to ensure a diverse opinion on the subject as the lack of such adequate representation would amount to violation of the fundamental rights guaranteed under the Constitution, he said.