The Gujarat High Court has affirmed the state government's authority to form a committee to assess the need for a Uniform Civil Code (UCC), dismissing a petition that challenged the committee's composition due to the absence of minority community members. The ruling emphasizes the government's right to select committee members and underscores that the formation of the committee does not inherently harm any group.
The petition, filed by Surat resident Abdul Vahab Sopariwala, argued that the lack of representation from religious minorities on the five-member committee violated fundamental rights guaranteed under Articles 14, 15, and 25 of the Constitution of India. Specifically, the petition asserted that the committee's composition undermined the principles of equality before the law, prohibition of discrimination, and freedom of religion. Sopariwala contended that the inclusion of minority stakeholders was crucial to ensure that the diversity of opinions and practices is considered in the UCC assessment. He had also made a representation to the Chief Minister on March 16, prior to approaching the High Court, requesting a reconstitution of the committee with members who are knowledgeable in subjective law and are effective parties to the code.
A bench of Justice Niral S. Mehta dismissed the plea. The court stated that forming the committee does not harm any group and emphasized the government's right to select committee members. The court also noted that anyone can present their views on the UCC to the committee. The High Court's decision effectively upholds the committee's existing structure.
The state government constituted the committee on February 4, 2025, with the mandate to evaluate the necessity of a UCC and draft a related bill. The committee is chaired by retired Supreme Court judge Justice Ranjana Desai. Other members include retired IAS officer C.L. Meena, advocate R.C. Kodekar, former Veer Narmad South Gujarat University vice-chancellor Dakshesh Thakar, and social activist Geetaben Shroff.
The concept of a Uniform Civil Code is enshrined in Article 44 of the Indian Constitution, which directs the State to endeavor to secure a uniform civil code for all citizens throughout the territory of India. A UCC aims to replace the existing religious personal laws with a standardized legal framework governing matters such as marriage, divorce, inheritance, and adoption, ensuring equality and secularism.
The Gujarat High Court's decision has affirmed the state's authority to proceed with its assessment of the UCC, but the broader legal and social debate surrounding its implementation continues.