Case Title: Anoop Baranwal And Anr. v. UoI and Anr.
The Apex Court refused to entertain a petition seeking a Uniform Civil Code for India. However, it remarked that the report of Law Commission which stated that UCC is undesirable was based on a shaky foundation.
For the uninitiated, the Law Commission of India had taken up examination for viability of a Uniform Civil Code on the Centre's request to look into the issue in detail and submitted a report. It submitted its findings back in the year 2018 which were based on the importance of recognition of differences that existed in Indian society and opined that formulation of a Uniform Civil Code was neither necessary nor desirable at the given stage.
The present petition was based largely on the judgment in State Of Bombay v. Narasu Appa Mali - a 1951 decision which held that personal law is not "law" within the meaning of Article 13 and hence cannot be tested on ground of violating fundamental rights.
However, the Court orally remarked that, "the matter did not squarely arise where this issue could be gone into and said that Narasu Appa Mali shall stand or be set aside. We completely depart from that. As and when the matter comes up, it will be certainly considered. But today the kind of relief that you are asking for cannot be looked into. You are right in your research, the moment Law Commission goes in one direction and Narasu Appa Mali was doubted in two judgements by this court, whatever Law commission says in its report, the very foundation of that particular assumption or whatever has been found by the Law commission is completely shaky. But as and when the matter comes up before us, we will certainly consider. We cannot look into this. Either you are withdrawing, or we are dismissing."
The petition was therefore withdrawn.