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Express News Service
NEW DELHI: Questioning the maintainability and seeking dismissal of the PIL’s for the Uniform Civil Code in the country with regards to divorce, guardianship, succession & inheritance, maintenance & age of marriage, the Union Law Ministry has submitted before the Supreme Court that court cannot direct Parliament to frame or enact any law.
“It is a settled position of law as has been held in the catena of judgments by this court under our constitutional scheme, Parliament exercises sovereign power to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation. It is respectfully submitted that a writ of mandamus cannot be issued to the legislature to enact particular legislation,” the affidavit states.
It has further been added in the affidavit that 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 to enact a piece of legislation.
Throwing light on the purpose behind Article 44 of the Constitution of India which deals with Uniform Civil Code, the Law Ministry has further submitted that the purpose behind it is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
“This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws. This Article is based on the concept that in matters of inheritance, right to property, maintenance and succession, there will be a common law.
Also in top court
Notice issued in plea on journo phone checkingThe Supreme Court on Tuesday issued a notice in a plea by the Foundation for Media Professionals challenging the random checks conducted on phones by the police. The notice was issued by the bench of Justices KM Joseph and Hrishikesh Roy. The plea had also sought for framing of detailed guidelines on the search and seizure of digital devices. The SC dismissed the plea preferred by alleged conman Sukesh Chandrashekhar seeking transfer from Mandoli jail to jail of which DG of Prisons, Delhi is not in charge.
ED arrest: Order safe in Manik’s pleaThe SC reserved orders in a plea by the former chief of the WB Board of Primary Education and Trinamool Congress leader Manik Bhattacharya challenging his arrest by ED in the money laundering matter relating to irregularities in primary teachers’ appointments.
Regulator barred from revising tariffThe Supreme Court said on Tuesday the electricity regulator, DERC, cannot revise or re-determine the already fixed power tariff for discoms in the guise of ‘prudence check and truing up’ as it would amount to amending the rates to be levied from consumers.
NEW DELHI: Questioning the maintainability and seeking dismissal of the PIL’s for the Uniform Civil Code in the country with regards to divorce, guardianship, succession & inheritance, maintenance & age of marriage, the Union Law Ministry has submitted before the Supreme Court that court cannot direct Parliament to frame or enact any law.
“It is a settled position of law as has been held in the catena of judgments by this court under our constitutional scheme, Parliament exercises sovereign power to enact laws and no outside power or authority can issue a direction to enact a particular piece of legislation. It is respectfully submitted that a writ of mandamus cannot be issued to the legislature to enact particular legislation,” the affidavit states.
It has further been added in the affidavit that 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 to enact a piece of legislation.
Throwing light on the purpose behind Article 44 of the Constitution of India which deals with Uniform Civil Code, the Law Ministry has further submitted that the purpose behind it is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
“This provision is provided to effect integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws. This Article is based on the concept that in matters of inheritance, right to property, maintenance and succession, there will be a common law.
Also in top court
Notice issued in plea on journo phone checking
The Supreme Court on Tuesday issued a notice in a plea by the Foundation for Media Professionals challenging the random checks conducted on phones by the police. The notice was issued by the bench of Justices KM Joseph and Hrishikesh Roy. The plea had also sought for framing of detailed guidelines on the search and seizure of digital devices. The SC dismissed the plea preferred by alleged conman Sukesh Chandrashekhar seeking transfer from Mandoli jail to jail of which DG of Prisons, Delhi is not in charge.
ED arrest: Order safe in Manik’s plea
The SC reserved orders in a plea by the former chief of the WB Board of Primary Education and Trinamool Congress leader Manik Bhattacharya challenging his arrest by ED in the money laundering matter relating to irregularities in primary teachers’ appointments.
Regulator barred from revising tariff
The Supreme Court said on Tuesday the electricity regulator, DERC, cannot revise or re-determine the already fixed power tariff for discoms in the guise of ‘prudence check and truing up’ as it would amount to amending the rates to be levied from consumers.
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