Parliament cannot be directed to border UCC: Govt to Supreme Court
Express News Service
NEW DELHI: Questioning the maintainability and searching for dismissal of the PIL’s for the Uniform Civil Code within the nation close to divorce, guardianship, succession & inheritance, upkeep & age of marriage, the Union Law Ministry has submitted earlier than the Supreme Court that courtroom can not direct Parliament to border or enact any legislation.
“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 additional been added within the affidavit that this can be a matter of coverage for the elected representatives of the individuals to resolve and no route on this regard may be issued by the Court. It is for the legislature to enact or to not enact a chunk of laws.
Throwing gentle on the aim behind Article 44 of the Constitution of India which offers with Uniform Civil Code, the Law Ministry has additional submitted that the aim behind it’s to strengthen the article of “Secular Democratic Republic” as enshrined within the Preamble of the Constitution.
“This provision is supplied to impact integration of India by bringing communities on the widespread platform on issues that are at current ruled by numerous private legal guidelines. This Article is predicated on the idea that in issues of inheritance, proper to property, upkeep and succession, there will probably be a typical legislation.
Also in high courtroom
Notice issued in plea on journo cellphone checking
The Supreme Court on Tuesday issued a discover in a plea by the Foundation for Media Professionals difficult the random checks carried out on telephones by the police. The discover was issued by the bench of Justices KM Joseph and Hrishikesh Roy. The plea had additionally hunted for framing of detailed pointers on the search and seizure of digital units. The SC dismissed the plea most well-liked by alleged conman Sukesh Chandrashekhar searching for switch from Mandoli jail to jail of which DG of Prisons, Delhi will not be in cost.
ED arrest: Order protected in Manik’s plea
The SC reserved orders in a plea by the previous chief of the WB Board of Primary Education and Trinamool Congress chief Manik Bhattacharya difficult his arrest by ED within the cash laundering matter referring to irregularities in major academics’ appointments.
Regulator barred from revising tariff
The Supreme Court mentioned on Tuesday the electrical energy regulator, DERC, can not revise or re-determine the already fastened energy tariff for discoms within the guise of ‘prudence check and truing up’ as it will quantity to amending the charges to be levied from shoppers.
NEW DELHI: Questioning the maintainability and searching for dismissal of the PIL’s for the Uniform Civil Code within the nation close to divorce, guardianship, succession & inheritance, upkeep & age of marriage, the Union Law Ministry has submitted earlier than the Supreme Court that courtroom can not direct Parliament to border or enact any legislation.
“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 additional been added within the affidavit that this can be a matter of coverage for the elected representatives of the individuals to resolve and no route on this regard may be issued by the Court. It is for the legislature to enact or to not enact a chunk of laws.
Throwing gentle on the aim behind Article 44 of the Constitution of India which offers with Uniform Civil Code, the Law Ministry has additional submitted that the aim behind it’s to strengthen the article of “Secular Democratic Republic” as enshrined within the Preamble of the Constitution.
“This provision is supplied to impact integration of India by bringing communities on the widespread platform on issues that are at current ruled by numerous private legal guidelines. This Article is predicated on the idea that in issues of inheritance, proper to property, upkeep and succession, there will probably be a typical legislation.
Also in high courtroom
Notice issued in plea on journo cellphone checking
The Supreme Court on Tuesday issued a discover in a plea by the Foundation for Media Professionals difficult the random checks carried out on telephones by the police. The discover was issued by the bench of Justices KM Joseph and Hrishikesh Roy. The plea had additionally hunted for framing of detailed pointers on the search and seizure of digital units. The SC dismissed the plea most well-liked by alleged conman Sukesh Chandrashekhar searching for switch from Mandoli jail to jail of which DG of Prisons, Delhi will not be in cost.
ED arrest: Order protected in Manik’s plea
The SC reserved orders in a plea by the previous chief of the WB Board of Primary Education and Trinamool Congress chief Manik Bhattacharya difficult his arrest by ED within the cash laundering matter referring to irregularities in major academics’ appointments.
Regulator barred from revising tariff
The Supreme Court mentioned on Tuesday the electrical energy regulator, DERC, can not revise or re-determine the already fastened energy tariff for discoms within the guise of ‘prudence check and truing up’ as it will quantity to amending the charges to be levied from shoppers.
