The constitution of a committee by the State Government exercising its executive power under Article 162 of the Constitution of India isT isL is a pure executive function and is not subject to judicial review under Article 226.

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard Mr. Zamir Z.Shaikh, learned advocate for the appellant and Mr. Kamal Trivedi, learned Advocate General with Mr.Gursharan H. Virk, learned Government Pleader with Mr. Vinay Vishen, learned Assistant Government Pleader with Ms.Dharitri Pancholi, learned Assistant Government Pleader for the respondent No.1-State.

2. Having heard learned Counsels for the appellant and perused the record, pertinent is to note that the writ petition out of which this intra Court appeal has arisen was filed raising an issue with regard to constitution of a committee by the State Government in exercise of its executive powers under Article 162 of the Constitution of India. There is no dispute about the source of power lying in Article 162 of the Constitution of India.

3. The contention of the learned Counsel for the appellant that the State has committed an error in constitution of the committee without a proper Notification is neither here nor there. The scope of judicial review under Article 226 of the Constitution of India does not permit us to enter into the prohibited arena of executive functions under Article 162 of the Constitution of India as it would be against the basic structure doctrine of the Constitution of India.

4. No other arguments has been raised about the power of the State Government to constitute the committee. There is absolutely no challenge on any other ground but the constitution of the committee, inasmuch as, the petitioner seeks a writ in the nature of mandamus commanding the respondents to reform the committee with the fresh members, who are known persons of a subjective law and to engage in a consultative process involving all religious and cultural communities before any move to bring the law/legislation. Further prayer made in the writ petition is to restrain the respondent from taking any further steps towards the implementation of the Uniform Civil Code in the State of Gujarat.

5. In light of the prayers made in the writ petition and submissions made by learned Counsel for the petitioner, the learned Single Judge has rightly recorded that the constitution of the committee is a pure executive function of the State Government under Article 162 of the Constitution of India and thus would be outside the purview of the judicial review.

6. In view of the above, no interference as such is called for. The present appeal stands dismissed being devoid of any merits. No order as to costs. Consequently, the Civil Application stands disposed of.