Centre files affidavit on Uniform Civil Code in SC, says different religions following different laws affronting national unity

The government said the power to make laws is exclusively that of the legislature

Citizens belonging to different religions and denominations follow different property and matrimonial laws which is an "affront to the nation's unity". Article 44 (Uniform Civil Code) divests religion from social relations and personal law, the government has maintained in the Supreme Court.

The preliminary submissions are part of recent affidavits filed by the Union Law Ministry to petitions, which was filed by Advocate Ashwini Kumar Upadhyay, seeking directions from the apex court to the government to remove "anomalies" and frame uniform divorce law and uniform guidelines for adoption and guardianship of children.

The government said the power to make laws is exclusively that of the legislature. The court cannot give a “mandamus to Parliament to make certain laws”.

"This is a matter of policy for the elected representatives of the people to decide and no direction in this regard can be issued by the court. It is for the legislature to enact or not enact a piece of legislation," the Ministry said. It added Mr. Upadhyay’s petition was not maintainable.

The Ministry said it had requested the Law Commission to examine "various issues relating to the Uniform Civil Code (UCC)" and make recommendations considering the sensitivity and in-depth study involved of various personal laws governing different communities.

The 21st Law Commission had uploaded a consultation paper titled 'Reform of Family Law subsequently in August 2018. But the term of the 21st Law Commission had come to an end on August 31, 2018.