Latest news with #UCC
Economic Times
8 minutes ago
- Politics
- Economic Times
Gujarat HC upholds state's power to form Uniform Civil Code panel, dismisses plea over minority representation
The Gujarat High Court has said the setting up of a five-member committee on Uniform Civil Code (UCC) by the state government cannot be said to have caused prejudice to any class of people, and does not warrant its interference. A single bench of Justice Niral R Mehta on Tuesday rejected a plea challenging the constitution of the committee and seeking the court's direction for its reconstitution as there was no representation of minority communities. The selection of the committee members would be "within the absolute domain of the state government," the court said. On February 4 this year, Chief Minister Bhupendra Patel announced the formation of the committee to assess the necessity of the UCC and also to draft a bill for it. The panel is chaired by retired Supreme Court judge Ranjana Desai. Its members include retired IAS officer C L Meena, advocate R C Kodekar, former Vice Chancellor Dakshesh Thakar and social activist Geetaben Shroff. In the detailed judgment made available on the HC's website, the bench noted the constitution of the committee was purely an administrative court said it was of the firm opinion that once the UCC committee has been constituted purely by an executive order under Article 162 of the Constitution of India, selection of its particular members would be "within the absolute domain of the state government." It is "perfectly justified for the state authorities to select the members of the committee and for which, writ of mandamus cannot be issued," it 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," the court said in the absence of any statutory provisions, the authority cannot be expected or directed to act in a particular manner as it would be "unjustified and unwarranted interference in the purely administrative affairs of the state authorities," it said."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 bench court, therefore, cannot direct the state to act in a particular manner as any direction and/ or order in that regard would be "unjustified and unwarranted interference in the purely administrative affairs of the state authorities," it said. The petitioner, Surat resident Abdul Vahab Sopariwala, had approached the HC seeking a direction to the state government to reconstitute the committee with fresh members with the knowledge and experience over the subject law, and adopt a consultative process involving all religious and cultural communities before any move to implement the UCC. His lawyer had argued that members of the present committee are not experts on the subject law and are interested parties, and therefore the selection of members is against the principles of fair when the committee was formed with the objective of implementation of the UCC, covering many personal laws and touching minorities, there was no representation of any minority communities in the panel, he committee should thus be reconstituted by including representation from the minority communities so that real purpose and object of the constitution of the committee can be achieved, he had said in his General Kamal Trivedi said in his submission that the constitution of the committee is purely an administrative action and has nothing to do with any statutory duty of the state is, therefore, no legal requirement prescribed by any statute for and how such committee can be constituted, he said. Accordingly, it cannot be said that the committee is in breach of any statutory or legal duties, for which the court would issue its prerogative writ of mandamus by exercising its extraordinary powers under Article 226 of the Constitution of India, he said.
Time of India
25 minutes ago
- Business
- Time of India
Gujarat HC upholds state's power to form Uniform Civil Code panel, dismisses plea over minority representation
The Gujarat High Court has said the setting up of a five-member committee on Uniform Civil Code (UCC) by the state government cannot be said to have caused prejudice to any class of people, and does not warrant its interference. A single bench of Justice Niral R Mehta on Tuesday rejected a plea challenging the constitution of the committee and seeking the court's direction for its reconstitution as there was no representation of minority communities. 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Lulutox Undo On February 4 this year, Chief Minister Bhupendra Patel announced the formation of the committee to assess the necessity of the UCC and also to draft a bill for it. The panel is chaired by retired Supreme Court judge Ranjana Desai. Its members include retired IAS officer C L Meena, advocate R C Kodekar, former Vice Chancellor Dakshesh Thakar and social activist Geetaben Shroff. Live Events In the detailed judgment made available on the HC's website, the bench noted the constitution of the committee was purely an administrative decision . The court said it was of the firm opinion that once the UCC committee has been constituted purely by an executive order under Article 162 of the Constitution of India, selection of its particular members would be "within the absolute domain of the state government." It is "perfectly justified for the state authorities to select the members of the committee and for which, writ of mandamus cannot be issued," it 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," the court said. It said in the absence of any statutory provisions, the authority cannot be expected or directed to act in a particular manner as it would be "unjustified and unwarranted interference in the purely administrative affairs of the state authorities," it said. "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 bench added. The court, therefore, cannot direct the state to act in a particular manner as any direction and/ or order in that regard would be "unjustified and unwarranted interference in the purely administrative affairs of the state authorities," it said. The petitioner, Surat resident Abdul Vahab Sopariwala , had approached the HC seeking a direction to the state government to reconstitute the committee with fresh members with the knowledge and experience over the subject law, and adopt a consultative process involving all religious and cultural communities before any move to implement the UCC. His lawyer had argued that members of the present committee are not experts on the subject law and are interested parties, and therefore the selection of members is against the principles of fair play. Even when the committee was formed with the objective of implementation of the UCC, covering many personal laws and touching minorities, there was no representation of any minority communities in the panel, he said. The committee should thus be reconstituted by including representation from the minority communities so that real purpose and object of the constitution of the committee can be achieved, he had said in his submission. Advocate General Kamal Trivedi said in his submission that the constitution of the committee is purely an administrative action and has nothing to do with any statutory duty of the state government. There is, therefore, no legal requirement prescribed by any statute for and how such committee can be constituted, he said. Accordingly, it cannot be said that the committee is in breach of any statutory or legal duties, for which the court would issue its prerogative writ of mandamus by exercising its extraordinary powers under Article 226 of the Constitution of India, he said.
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Business Standard
38 minutes ago
- Politics
- Business Standard
Selection of UCC panel members within state govt's domain: Gujarat HC
The Gujarat High Court has said the setting up of a five-member committee on Uniform Civil Code (UCC) by the state government cannot be said to have caused prejudice to any class of people, and does not warrant its interference. A single bench of Justice Niral R Mehta on Tuesday rejected a plea challenging the constitution of the committee and seeking the court's direction for its reconstitution as there was no representation of minority communities. The selection of the committee members would be "within the absolute domain of the state government," the court said. On February 4 this year, Chief Minister Bhupendra Patel announced the formation of the committee to assess the necessity of the UCC and also to draft a bill for it. The panel is chaired by retired Supreme Court judge Ranjana Desai. Its members include retired IAS officer C L Meena, advocate R C Kodekar, former Vice Chancellor Dakshesh Thakar and social activist Geetaben Shroff. In the detailed judgment made available on the HC's website, the bench noted the constitution of the committee was purely an administrative decision. The court said it was of the firm opinion that once the UCC committee has been constituted purely by an executive order under Article 162 of the Constitution of India, selection of its particular members would be "within the absolute domain of the state government." It is "perfectly justified for the state authorities to select the members of the committee and for which, writ of mandamus cannot be issued," it 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," the court said. It said in the absence of any statutory provisions, the authority cannot be expected or directed to act in a particular manner as it would be "unjustified and unwarranted interference in the purely administrative affairs of the state authorities," it said. "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 bench added. The court, therefore, cannot direct the state to act in a particular manner as any direction and/ or order in that regard would be "unjustified and unwarranted interference in the purely administrative affairs of the state authorities," it said. The petitioner, Surat resident Abdul Vahab Sopariwala, had approached the HC seeking a direction to the state government to reconstitute the committee with fresh members with the knowledge and experience over the subject law, and adopt a consultative process involving all religious and cultural communities before any move to implement the UCC. His lawyer had argued that members of the present committee are not experts on the subject law and are interested parties, and therefore the selection of members is against the principles of fair play. Even when the committee was formed with the objective of implementation of the UCC, covering many personal laws and touching minorities, there was no representation of any minority communities in the panel, he said. The committee should thus be reconstituted by including representation from the minority communities so that real purpose and object of the constitution of the committee can be achieved, he had said in his submission. Advocate General Kamal Trivedi said in his submission that the constitution of the committee is purely an administrative action and has nothing to do with any statutory duty of the state government. There is, therefore, no legal requirement prescribed by any statute for and how such committee can be constituted, he said. Accordingly, it cannot be said that the committee is in breach of any statutory or legal duties, for which the court would issue its prerogative writ of mandamus by exercising its extraordinary powers under Article 226 of the Constitution of India, he said.
Irish Independent
5 hours ago
- Business
- Irish Independent
Cork economist slams EU ‘capitulation' to US as a display of weakness that could cost Irish jobs
UCC expert warns Ireland's overreliance on pharma and foreign investment could spell trouble as US trade policies shift Today at 00:00 A Cork-based economics expert says that the latest Trump tariffs on Europe represent a 'capitulation' on the EU's behalf, one that could cost Irish jobs into the future. Dr John O'Brien, an academic on financial markets and investments in the Deptartment of Accounting and Finance at University College Cork, says that the deal represents a 'weakness' shown by Europe, that could be exploited in the future by the Trump Presidency.
Time of India
11 hours ago
- Politics
- Time of India
UCC panel formation not under statutory powers, cannot intervene: Gujarat high court
Ahmedabad: The Gujarat High Court dismissed a petition challenging the formation of the state govt's committee for the Uniform Civil Code (UCC) on the grounds of the absence of members from different religious communities. Justice Niral Mehta stated, "The court, by exercising powers under Article 226 of the Constitution of India, 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 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 govt on its administrative side. " Petitioner Abdul Vahab Sopariwala contended that the five-member panel, headed by retired Supreme Court Justice Ranjana Desai, was formed to examine the need for the UCC and draft the law. However, it does not have any member from Christian, Muslim, Parsi, Sikh, or Jain scholars. He also contended that the committee members do not possess any expertise in the field of personal laws, and some of them are interested parties because of their political appointments to certain positions. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Louisiana Launches New Policy for Cars Used Less Than 50 Miles/day Bindright Undo You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad The state govt asserted that the decision was taken by the state govt using its powers flowing from Article 162 of the Constitution. It is an administrative decision, and there is no statutory provision to back the petitioner's demand for direction to the govt for the formation of the committee in a particular manner. The HC stated that there cannot be any judicial review of the administrative decision of the govt taken under Article 162, and since the formation of the committee is not under any statute. It further stated, "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. "
