SC asks Law Commission to consider Buddhist Trust's plea against applicability of Hindu personal laws
Court has said Law Commission would take a "holistic view" on the issue and make recommendations accordingly.
Court has asked the Law Commission to treat the plea as a representation.
The Supreme Court of India today refused to entertain a petition filed by Buddhist Personal Law Action Committee seeking to amend the constitutional provisions and certain personal laws allegedly against Buddhist beliefs.
Additionally, a CJI Surya Kant led bench has requested the Law Commission of India to consider the petition as a representation of the Buddhist Trust against certain personal Hindu laws, alleging that they are against their fundamental rights, including freedom to practice religion.
"You are wanting a court mandamus to amend the constitution and personal laws? Where have you approached the government authority? You want us to consider Kesavananda Bharati now and amend basic structure also..", CJI Surya Kant observed today as the plea was taken up.
The Chief Justice of India went on to tell the petitioner that the Law commission, headed by a former judge will welcome them and can make recommendations for such constitutional amendments.
Court went on to dictate the order, "Instant petition has been filed in public interest...Petitioner trust is working for propagation of Buddhism in India. It is stated that certain provisions are contrary to the fundamental rights of Buddhists. There is no gainsaying that Law Commission is one of the premier institutions headed by a former judge of this court or High Court. Plea is concerning amendment, repeal etc of various statutes to bring it into conformity with our constitutional ethos and morality. The preliminary expert body such as law commission can take a holistic view and make recommendations accordingly. In order to assist the Law Commission of India for an expeditious conclusion of pending issues we permit the plea to be served as a representation to the Law Commission of India. The registry is directed to send complete paperbook to the Law Commission of India for their consideration of material brought on record by the petitioner. We also permit Law Commission of India, if it seems appropriate to invite petitioners' representatives and take their viewpoint on the subject issue. This will render quality assurance to the Law Commission of India.".