UCC needs wider consultation before it goes to Parliament

-Justice Krishna Murari

Justice Krishna Murari, who retired as the Supreme Court judge earlier this month, speaks to Shruti Kakkar (TNIE) about a range of issues such as the Uniform Civil Code, and others… Excerpts:

By Shruti Kakkar / Express News Service / TNIE – 22.08.2023

Q: You have been in the legal field for nearly 42 years, including four years as an SC judge. What changes should have happened, and what can happen?

A: There have been changes, and many more are required. The most important thing is the disposal of cases because of the pendency of cases. This is the first area that needs to be taken up on a priority. We have tried our best, but more needs to be done. There is a major technological upgrade taking place that can change the face of justice delivery system.

Q: The Centre plans to implement the UCC. The move is being widely criticised. What is your position?

A: Before any decision is taken on the UCC, it requires a very large consultation with the public. The views should be put on record before any decision is taken, and those views should be taken into account before Parliament brings in any legislation. In a democracy, it is ultimately the will of the majority that prevails. But all views should be heard before a decision is taken. The Law Commission is already in the process of doing so, as it has extended the date for submission of opinions. This consultation should not a thorough and inclusive process.

Q: A slew of legislations will be replaced if the UCC becomes law. Would this not impact the religious freedom guaranteed by the Constitution?

A: Religious freedom or any fundamental right guaranteed under the Constitution is not absolute. It is subject to certain restrictions. Yes, there is freedom to practise your own religion. If for some reason, I am not advocating it, but if there is a situation where such freedom starts interfering with society at large, then it requires to be considered.