Supreme Court Refers Plea Seeking Separate Personal Law For Buddhists To Law Commission

The Supreme Court today referred to the consideration of the Law Commission of India a plea seeking seperate personal laws for the Buddhist Community.

The bench of CJI Surya Kant and Justice Joymalya Baghchi was hearing a PIL filed by the Buddhist Personal Law Action Committee. 

The Committee sought to have separate personal laws for the Buddhist community. 

Notably, the Sikh, Jain and Buddhist communities are presently governed under the Hindu Personal Laws like the Hindu Marriage Act, 1955; the Hindu Succession Act, 1956; the Hindu Minority and Guardianship Act 1956 and the Hindu Adoptions and Maintenance Act, 1956. 

The CJI pointed out that while the Court cannot issue such a mandamus to the Parliament to make constitutional amendments, it can redirect the matter for the Law Commission of India's (LCI) consideration. 

"The court is not in the position to direct an amendment to the constitution, but the Law Commission have to make recommendations to the Parliament. We can request the Law Commission to give you an audience," CJI told the petitioner.

Notably, the bench pointed out that the subject matter was already being considered by the LCI under the 21st LCI Report on Uniform Civil Code (UCC). 

Considering the same, while declining to interfere in the matter, it directed that the petitioner's plea be forwarded to the LCI for a holistic consideration of the issue. It also requested the LCI to invite the petitioner's representative to understand their stance. The relevant part of the order states: 

"The premier expert body- Law Commission of India can take a holistic view and make recommendations accordingly. In order to assist the LCI for an expeditious conclusion of the pending issue , we deem it appropriate to dispose of this Writ Petition, by treating it as a representation of behalf of the petitioner to the LCI. The registry is directed to forward the complete set of the paperbook to the LCI for their consideration of the material brought on record by the petitioner."

"We also request the LCI , if it deems appropriate, to invite the petitioner's representative and take their viewpoint on this issue; this will undoubtedly render quality assistance to the Law Commission in the formation of its viewpoint." 

Case Details : BUDDHIST PERSONAL LAW ACTION COMMITTEE Versus UNION OF INDIA AND ORS.| W.P.(C) No. 1138/2025

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