New Delhi: The Supreme Court has stated that Parliament holds the authority to decide on a uniform civil code covering inheritance, marriage, adoption, and related civil matters. The court declined to strike down the Muslim Personal Law Shariat Application Act of 1937.
The bench said removing the law would create a legal vacuum until Parliament introduces a new statute. Judges noted that such a gap could leave Muslim women without any framework through which they seek inheritance rights.
The case arose from a petition filed by Poulomi Pavini Shukla. The petitioner argued that the 1937 law conflicts with Article 14 of the Constitution, which guarantees equality before the law. The petition pointed to inheritance rules under Muslim personal law where daughters receive a smaller share of property than sons.
The bench included Chief Justice Surya Kant and Justices Joymalya Bagchi and R. Mahadevan. The judges stated that legislative institutions hold the mandate to examine the question of a uniform civil code under the directive principles of state policy.
Chief Justice Kant questioned the legal consequences of removing the 1937 law. He said striking it down would leave Muslim women without a legal remedy for inheritance claims.
Advocate Prashant Bhushan, representing the petitioner, suggested that Muslim women receive equal inheritance rights under the Indian Succession Act. The court asked whether that statute applies to Muslims and warned that removing the existing law could weaken existing rights.
The bench also referred to Article 372 of the Constitution, which allows pre independence laws to remain in force until the legislature amends or repeals them. The court adjourned the case for further hearing and set no date for the next session.
