“What is wrong with it? The constitution of such committees cannot be challenged as ultra vires before courts. Look at entry 5 of the concurrent list,”Chief Justice DY Chandrachud .
A bench comprising of Justice DY Chandrachud and Justice PS Narsimha dismissed the Public Interest Litigation challenging the constitution of the committees formed by Gujarat and Uttarakhand governments to introduce and implement the Uniform Civil Code in the states. The PIL filed by Anoop Baranwal was rejected citing that it lacked merit as the states had the right to form or constitute committees under Article 162 of the Indian Constitution. The court stated that Article 162 provides that executive power of states extends to what legislature permits it to do.
In October 2022, Gujarat Home Minister Harsh Sanghavi announced forming a committee for implementing the Uniform Civil Code (UCC) in the state. The decision was taken in the cabinet meeting. In May 2022, the Uttarakhand government formed a committee to examine its implementation in the state. The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply to all citizens equally regardless of their religion, gender and sexual orientation.
