Kerala Resolution on Uniform Civil Code

Article 44 – It states that ‘the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India’.
Though DPSP is fundamental to the country’s governance, it is not enforceable or justiciable in a court of law.
Aim- To enforce a uniform legal framework to all citizens, irrespective of their religion.
To safeguard the fundamental rights of all citizens and reduce social inequalities and gender discrimination.

What is Kerala’s resolution on UCC about?

The Kerala Assembly resolution essentially strikes a cautious note that a proposed “UCC could harm the secular nature of the country. “
The resolution also talks about federalism – that the Centre could make a unilateral move on the contentious issue without consulting states.
The resolution also argued that, it is critical to note that the Uniform Civil Code was limited to Directive Principles.

The power of centre with respect to Uniform Civil Code

Personal laws- It is found in Concurrent List (List III) of the Seventh Schedule to the Constitution.
Article 162- The constitution gives State governments the power to legislate on subjects where a central law does not occupy the field.
Limitations- The executive power of the State is limited by the executive power conferred by the Constitution or by any law made by Parliament.
If there is a central law, it automatically gains precedence over the state law on the subject.
Entry 5 of the Concurrent list- Marriage, divorce, Adoption of infants and minors, wills, intestacy and succession, joint family and partition.
State laws will not have precedence over the central laws for the issues mentioned in Entry 5 of the concurrent list.
Legislations- Hindu Marriage Act, 1955 and Shariat Act of 1937, are central legislations on Hindu and Muslim personal laws.
When the Hindu personal laws were codified in 1955, it replaced several provincial legislations that existed on the issue.
Judiciary stand- Supreme Court refused to hear petitions challenging the move by certain states to set up committees to explore the feasibility of implementing a uniform civil code in their respective administrative jurisdictions.
As per article 162, the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws hence the constitution of a Committee cannot be challenged.

FAQs about Kerala’s Resolution Against Uniform Civil Code

1. Why is Kerala’s resolution against the Uniform Civil Code in the news?

Kerala’s recent resolution against the Centre’s move to implement the Uniform Civil Code has attracted attention. The resolution raises concerns about the potential impact of a Uniform Civil Code on the secular nature of the country and the process of federalism.

2. What is the Uniform Civil Code (UCC)?

The Uniform Civil Code is a directive principle under Article 44 of the Indian Constitution. It aims to establish a uniform legal framework for all citizens, irrespective of their religion, to ensure equality, reduce social inequalities, and eliminate gender discrimination.

3. What is the significance of the recent resolution by Kerala Assembly?

Kerala’s resolution expresses caution about the potential harm to the secular nature of the country by the implementation of a Uniform Civil Code. It also highlights concerns about the Centre’s unilateral approach without consulting states and emphasizes that the Uniform Civil Code is limited to Directive Principles.

4. What power does the Centre have concerning the Uniform Civil Code?

The subject of personal laws, including matters related to marriage, divorce, adoption, and succession, is listed in the Concurrent List of the Seventh Schedule of the Constitution. Both the Centre and the states can legislate on these matters.