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Time for Uniform Civil Code, Says Supreme Court on Plea Seeking Striking Down of Shariat Law Provisions

The Supreme Court noted striking down the 1937 Muslim Personal Law could create a legal void and endorsed the Uniform Civil Code as the most effective reform for inheritance equality.

  • On March 10, 2026, the Supreme Court of India suggested a Uniform Civil Code may be the solution while hearing a petition challenging the Muslim Personal Law Application Act, 1937, with a three-judge bench presided by Chief Justice Surya Kant in New Delhi.
  • The petitioners argue that Shariat inheritance provisions discriminate, alleging Muslim women receive smaller shares than male heirs, filed by advocate Poulomi Pavini Shukla and Nyaya Naari Foundation, with Prashant Bhushan appearing for them.
  • The bench warned that striking down the 1937 Act could create a legal vacuum, noting pre-1950 personal laws might survive under Article 372 of the Constitution, as Prashant Bhushan argued Indian Succession Act could apply.
  • The three-judge bench asked Bhushan to amend the petition and proposed deferring to the legislature, then adjourned the matter, cautioning against judicial reform without legislation.
  • Referencing state-level moves, the bench pointed to Uttarakhand government's UCC and cited Mary Roy vs State of Kerala, suggesting the case may need a Constitution Bench with national implications.
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livelaw.in broke the news in India on Tuesday, March 10, 2026.
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