GS Paper 2
Syllabus: Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Source: ToI
Direction: As some states attempt to enact the Uniform Civil Code (UCC), this article attempts to discuss the topic of UCC in India.
Context: The SC refused to entertain a PIL challenging the decisions of the Uttarakhand and Gujarat governments to constitute committees for implementing Uniform Civil Code (UCC) in their respective states.
Background:
- The promulgation of the UCC emerges as a positive obligation and not duty of the State under Article 44 of the Constitution in the Directive Principles of State Policy (DPSP).
- Goa’s Portuguese Civil Code of 1867 is an example of a common family law prevalent in a State.
- Both the Uttarakhand and Gujarat governments have constituted committees to look into the issue of implementation of UCC.
- This to govern matters of divorce, adoption, inheritance, guardianship, succession of all citizens equally regardless of their religion, gender and sexual orientation.
- Several other petitions are also pending before the top court seeking uniform ground and procedures of divorce, adoption and guardianship for all communities across the country.
- The Centre has maintained the issue of UCC falls within the domain of legislature.
What did the SC say?
- The constitution of such committees by the states cannot be challenged for being ultra vires to the Constitution of India, as Article 162 empowers the State to constitute such committees.
- Article 162 of the Constitution states that the executive power of a state shall extend to the matters with respect to which the legislature of the State has power to make laws.
- Also, Entry 5 (Concurrent List) of the 7th schedule of the Constitution gives such power to the states to form a committee.
- It deals with marriage and divorce; infants and minors; adoption; etc.
- It provides for one law that applies to all religious communities in personal matters such as marriage, divorce, inheritance, adoption, etc.
- In India, Article 44 in the Part IV (DPSP) of the Indian Constitution lays down that the state shall endeavour to secure a UCC for the citizens throughout the territory of India.
UCC v. Personal laws:
- Personal laws (mentioned in the Concurrent List) are laws that apply to a specific group of people based on their religion, caste, faith, belief, and are made after careful consideration of customs and religious texts.
- The adoption of a UCC is likely to nullify all such codified laws and usher in a law that applies to all citizens.
Importance of UCC: It will simplify complex laws, address discrimination against vulnerable groups (such as women), harmonise diverse cultural groups across the country and foster nationalistic fervor through unity.
Argument against UCC:
- Anti-minority and anti-tribal: In Meghalaya, for example, property succession and marriage laws are governed by traditional and customary procedures.
- Communal Politics: The demand for a UCC is considered to be framed in the context of communal politics.
- Violates Article 25: It seeks to preserve the freedom to practice and propagate any religion.
- Plurality in already codified civil and criminal laws: As a result, the concept of “one nation, one law” cannot be applied to diverse personal laws of different communities.
- Law Commission of India: A UCC is neither necessary nor desirable at this stage in the country.
Conclusion:
- Article 44 was included in the Constitution as a provision that would be fulfilled when the country was ready to accept it and the UCC could be socially accepted.
- Therefore, a piecemeal approach should be adopted, because a just code is far more important than a uniform code.
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Q. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. (UPSC 2015)
