Context
The Chief Minister of Uttarakhand has declared plans to create a committee responsible for drafting a Uniform Civil Code (UCC) in the state, provided they win the upcoming election.
UCC in India
The 1867 Portuguese Civil Code in Goa serves as an illustration of a shared family law within a particular state. The idea of implementing a Uniform Civil Code (UCC) is not a mandatory duty but a constructive effort by the State, as outlined in Article 44 of the Constitution within the Directive Principles of State Policy (DPSP). This article states that the government should work towards establishing a UCC for all Indian citizens across the entire country.
Does “State” in Article 44 mean the Union or the States?
- In simpler terms, Article 12 of the Constitution says that when we talk about the “State,” it means not only the national and state governments but also things like Parliament, State Legislatures, and even local authorities.
- Additionally, in the Seventh Schedule of the Constitution, there’s a list (Concurrent List) that allows both the national and state governments to create laws about matters such as marriage, divorce, children, adoption, wills, what happens when someone doesn’t leave a will, and how property is inherited.
- But, the Supreme Court pointed out that if a state tries to make its own Uniform Civil Code (a set of common laws for all citizens) for things like marriage and inheritance, it might clash with the national laws that cover these topics.
Supreme Court judgment on State Right UCC
1. Jose Paulo Coutinho judgment of the court in 2019
In 2019, the court’s Jose Paulo Coutinho judgment praised Goa for having a Uniform Civil Code (UCC), considering it a positive example among Indian states. However, it also raised concerns about the practicality of implementing a uniform law in a diverse and multicultural society all at once.
2. Pannalal Bansilal Pitti judgment
In the Pannalal Bansilal Pitti case, the Supreme Court noted that having a single law for the entire country might not always promote national unity and integrity. Crafting or changing laws takes time, and lawmakers usually focus on fixing issues that are most urgently needed.
Conclusion
Implementing a Uniform Civil Code, as envisioned in Article 44, is a significant move that aims to ensure equal laws regarding marriage, divorce, land, property, and inheritance for people of all religions. However, it’s essential to ensure that this step taken by the government doesn’t harm the unity and integrity of the nation.
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