DHC Refuses To Entertain Plea For Uniform Judicial Code

The Delhi High Court today refused to entertain a plea seeking directions to the Law Commission of India to prepare a report on the “Uniform Judicial Code”.

In order to make legal terms, abbreviations, case registration processes, and other aspects of the legal system uniform across the country.

A Division Bench of Chief Justice Satish Chandra Sharma and Justice Yashwant Varma noted that the apex court, through an order passed in September 2022, dismissed the plea by BJP leader Ashwini Upadhyay seeking the same relief. It further took into account that no liberty was granted to him to approach the High Court.

Therefore, the Bench remarked that “This was dismissed by the Honorable Supreme Court. No liberty has been granted and you withdrew…How can we entertain? Issue (in the petition) can be anything. The Supreme Court order says that the petition is accordingly dismissed as withdrawn.”

The Court stated that Upadhyay will have to seek clarification from the apex court if he wants the High Court to entertain the plea.

Upadhyay contended that this was a general order that was passed by former Chief Justice of India (CJI) UU Lalit. Therefore, it would be difficult for him to seek clarification.

Meanwhile, the court refused to consider a chart that he prepared on the issue raised in the plea.

Upadhyay ultimately withdrew his plea.

Upadhyay stated in his plea that he found huge differences while comparing judicial terms, abbreviations, norms, phrases, court fees, and case registration processes used in High Courts across the country.
Therefore, the plea gives examples of different terminologies used by benches of the Bombay High Court and the Rajasthan High Court, stating that the same caused confusion.

Further, he also pointed out the differences in court fees sought for similar matters and of similar valuation in different states, which causes injury to the citizens.

Plea adds that “Unequal court fees in different states discriminate among citizens based on their place of birth and residence.”

Further, courts aren’t only adopting different norms and procedures for case registration and using different judicial terms, phrases, and abbreviations, but are also taking different court fees, which is against the rule of law & right to justice, the plea asserts.

Therefore, he sought directions from the Law Commission to prepare a report in order to bring uniformity to the judicial system. He further prayed for the constitution of an expert committee on the issue and ordered the Law Ministry to “prepare a comprehensive report on Uniform Judicial Code in consultation with the High Courts”.