'It's in Parliament's domain', SC on plea for uniform law on inheritance, maintenance, divorce

Story by  ATV | Posted by  Nakul Shivani | Date 07-01-2023
Supreme Court of India
Supreme Court of India

 

New Delhi

The Supreme Court on Friday orally observed that formulating uniform laws on maintenance, divorce, inheritance, and guardianship falls under the domain of the Parliament.

A bench headed by Chief Justice DY Chandrachud told advocate Ashwini Upadhyay, one of the petitioners, "This falls in the legislative domain... it is for legislative intervention and it is for the Parliament to do..."

The bench, also comprising justices PS Narasimha and JB Pardiwala, added, "How can we say Parliament shall pass such laws."

The top court was hearing petitions filed by Upadhyay and others in connection with uniform religion and gender-neutral laws on a range of issues: Maintenance, divorce, inheritance, and guardianship, among others.

Additional Solicitor General KM Nataraj, representing the Centre, opposed the plea, saying that it is a matter of legislative policy.

Upadhyay submitted that he is not seeking such a direction, but instead wants the court to ask the Law Commission to examine the matter.

The bench queried, "Our direction to the Law Commission has to be in aid of something. Aid of Parliament since there is parliamentary sovereignty..."

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It further queried, "Can the court direct the Parliament to enact a law?"