Last update:December 10, 2024, 2:56 p.m. IST

The Supreme Court on Tuesday took note of the remarks made by Allahabad High Court sitting judge Shekhar Kumar Yadav.

Allahabad High Court Judge Shekhar Kumar Yadav speaks at VHP event | Image/X

The Supreme Court on Tuesday took suo motu cognizance of remarks made by serving Allahabad High Court judge Shekhar Kumar Yadav in which he said “the country would function as per the wishes of the majority group”.

Justice Shekhar Yadav made the controversial remarks while addressing a lecture on the ‘constitutional necessity of a uniform civil code’ at an event organized by the legal cell of the Vishva Hindu Parishad (VHP) in Prayagraj.

“I have no hesitation in saying that this is Hindustan, this country would function according to the wishes of the bahusankhyak (majority) living in Hindustan (India). It is the Law. You cannot say that as a High Court judge. The law, in fact, works according to the majority. Look at it in the context of family or society… Only what benefits the welfare and happiness of the majority will be accepted,” Justice Yadav was quoted as saying by LiveLaw.

Justice Yadav was speaking at the event on the UCC, which seeks to establish a framework of standardized personal laws that would apply to all citizens, irrespective of their caste, creed and religion. This would apply to marriage, inheritance, adoption and succession.

He further questioned the practice of having multiple wives, Halala and Triple Talaq, without naming any particular community and said it was “unacceptable”.

Stating that the Uniform Civil Code would soon be implemented in the country, Justice Yadav said the country which has a constitution and a set of criminal laws must have a unified civil law.

Justice Yadav sparks political uproar

Justice Yadav’s remark triggered a political uproar in the country as opposition parties earlier in the day urged Chief Justice of India Sanjiv Khanna to take cognizance of the issue.

MPs from the INDIA bloc, including Mahua Moitra of the Trinamool Congress and Asaduddin Owaisi of the All India Majlis-e-Ittehadul Muslimeen, slammed the judge for his remark, calling it “partial and totally biased”. The Samajwadi Party and the Uttar Pradesh unit of the Congress urged the CJI. Khanna must read the statements.

“This ‘speech’ can be easily refuted, but it is more important to bring home to its credit that the Indian Constitution demands independence and impartiality of the judiciary,” Owaisi said.

Meanwhile, a member of the VHP’s legal cell, which organized the event on the UCC, defended the programme, saying the views expressed by Justice Yadav must be seen in their correct context.

“Justice Yadav simply held that the UCC should be applied in its entirety to all compatriots, irrespective of their religion or faith,” said Kshetriya Sanyojak Brijendra Singh of the VHP’s legal cell.