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(2023) Law Today Live Doc. Id. 17459
Decided on: 09.01.2023
For Petitioner(s):
Petitioner-in-person
Constitution of India, Article 44, 162, Seventh Schedule, Concurrent list-Entry 5 – Uniform Civil Code -- Constitution of the Committee on the Uniform Civil Code by Uttarakhand – Challenged on the ground that that in view of the Directive Principles of State Policy such a Committee can only be set up by the Union Government – Held, constitution of a Committee per se cannot be challenged as ultra vires -- Petition, dismissed.
(Para 1-4)
ORDER
1. The petitioners, who appear in-person, seek to challenge the constitution of the Committee on the Uniform Civil Code set up by the State of Uttarakhand. According to the petitioners, in view of the Directive Principles of State Policy (Article 44 of the Constitution) such a Committee can only be set up by the Union Government.
2. Article 162 of the Constitution indicates that the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws.
3. In view of the provisions of Entry 5 of the Concurrent List of the Seventh Schedule, the constitution of a Committee per se cannot be challenged as ultra vires.
4. There is no merit in the Petition, which is accordingly dismissed.
5. Pending applications, if any, stand disposed of.
Petition dismissed.
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