1993 JTR(SC) 361
1994 Supp1 SCC 713 ; 1991 1 SCR 480
SUPREME COURT OF INDIA
(BEFORE K. JAYACHANDRA REDDY AND G.N. RAY, JJ.)
(Record of Proceedings)
MAHARSHI AVADHESH
Versus
UNION OF INDIA.
Writ Petition (Crl.) No. 84 of 1993, decided on April 6, 1993
Advocates appeared
Maharshi Avadhesh, Petitioner in person.
The judiciary cannot perform legislative functions or issue mandates to the legislature to enact specific laws, as such matters fall exclusively within the domain of the legislature.
Act
Referred
:CONSTITUTION OF INDIA
: Art.32, Art.38, Art.39, Art.44, Art.14, Art.15
(A) Constitution of India - Articles 14, 15, 38, 39, 39-A and 44 - Muslim Women (Protection of Rights on Divorce) Act, 1986 - Common Civil Code - Petition seeking mandamus for enactment of a common civil code and declaration of a specific Act as void - Matters pertaining to legislation fall within the domain of the legislature - Court cannot legislate in such matters.
Facts of the case:
A petition was filed under Article 32 of the Constitution seeking a writ of mandamus to consider the enactment of a common Civil Code for all citizens. It was further prayed that the Muslim Women (Protection of Rights on Divorce) Act, 1986 be declared void for being arbitrary and discriminatory, and that directions be issued to prevent the enactment of laws under the Shariat Act that adversely affect the dignity and rights of women.
Findings of Court:
The prayers sought in the petition are matters for the legislature.
Issues: Whether the court can issue directions to the legislature to enact a common civil code or interfere with legislative functions regarding specific personal laws.
Ratio Decidendi: The court held that the matters raised in the petition are legislative in nature and the judiciary cannot perform the function of the legislature.
Result: The writ petition is dismissed.
Facts of the case:
A petition was filed under Article 32 of the Constitution seeking a writ of mandamus to consider the enactment of a common Civil Code for all citizens. It was further prayed that the Muslim Women (Protection of Rights on Divorce) Act, 1986 be declared void for being arbitrary and discriminatory, and that directions be issued to prevent the enactment of laws under the Shariat Act that adversely affect the dignity and rights of women.
Findings of Court:
The prayers sought in the petition are matters for the legislature.
Issues: Whether the court can issue directions to the legislature to enact a common civil code or interfere with legislative functions regarding specific personal laws.
Ratio Decidendi: The court held that the matters raised in the petition are legislative in nature and the judiciary cannot perform the function of the legislature.
Result: The writ petition is dismissed.
Maharshi Avadhesh
ORDER
This is a petition by a party in person under Article 32 of the Constitution. The prayers are two-fold. The first prayer is to issue a writ of mandamus to the respondents to consider the question of enacting a common Civil Code for all citizens of India. The second prayer is to declare Muslim Women (Protection of Rights on Divorce) Act, 1986 as void being arbitrary and discriminatory and in violation of Articles 14 and 15 Fundamental Rights and Articles 44, 38, 39 and 39-A of the Constitution of India. The third prayer is to direct the respondents not to enact Shariat Act in respect of those adversely affecting the dignity and rights of Muslim women and against their protection. These are all matters for legislature. The Court cannot legislate in these matters. The writ petition is dismissed.
Court Masters
For Citation : 1994 Supp (1) SCC 713