Uniform Civil Code: Gujarat High Court Rejects Appeal Challenging State UCC Panel; Says No Judicial Review Of Executive Functions

The Gujarat High Court on Monday rejected an appeal filed against a single bench order dismissing challenge to a committee formed by the State to consider necessity of Uniform Civil Code.

The division bench of Chief Justice Sunita Agarwal and Justice DN Ray said that scope of judicial review does not permit the court to enter into the prohibited arena of executive functions. 

For context, the single judge had in July rejected the plea challenging the committee formed to consider necessity of UCC for the State. It had stated that the panel was constituted by an executive order and in absence of any statutory provision, the selection of the members is in the absolute domain of the State.

The court had further said that by merely constituting a committee it cannot be said that prejudice is caused to any class of people when it is always open for them to make a representation espousing their views on the UCC to the Committee. Against this the petitioner had moved the division bench.

The appellant today argued that he was challenging the appointment of members of the committee. 

He said that the single judge rejected the petition on the ground that the committee was constituted by an executive order and in absence of any statutory provision, the selection of the members is in the absolute domain of the State.

The court orally asked as to what was the source of the power for constitution of such committee. The counsel said that the source was Article 162 of the Constitution. 

Article 162 defines the extent of executive power of State. 

Referring to the Article, the the court thereafter orally said, "Separation of power has to apply. We don't have power of judicial review of state functions which are purely in purview of the state...We are also asking same thing as to how we can exercise power of judicial review in purely executive function. We exercise power of judicial review in a case where executive fails to perform its a duty. In a policy decision or executive function power of judicial review cannot be exercised". 

The counsel however said that in the present case without any notification state government has declared that they are constituting is a committee. When there is a legislature available, state government cannot act is this manner

The court thereafter in its order dictated, "There is no dispute about the source of power lying in Article 162 of the Constitution. The contention of the counsel for appellant that state has committed an error in constitution of a committee without proper notification is neither here nor there. The scope of judicial review under Article 226 of Constitution of India does not permit us to enter into the prohibited arena of executive functions under Article 162 of Constitution as it would be against basic structure doctrine...There is absolutely no challenge on any other ground but the constitution of the committee in as much as the petitioner seeks a writ in nature of mandamus commanding the respondent to form the committee with fresh members which are known persons of subjective law and to engage in a consultative process involving all religious and cultural communities before any move to bring the law/legislation. Further prayer made in writ petition is to restrain respondents from taking any steps further for implementation of UCC in state of Gujarat.

In the light of the prayers in the writ petition and submissions made by counsel for petitioner the learned single judge has rightly recorded that the constitution of committee is a pure executive function of the state government under Article 162 of Constitution of India and thus would be outside the purview of judicial review. In view of the above no interference is called for". 

The appeal was thus dismissed.

Case title: ABDUL VAHAB MOHAMMED SHABBIR SOPARIWALA v/s  STATE OF GUJARAT

R/LPA/1140/2025 IN R/SCA/4967/2025