The Supreme Court dismissed a public interest litigation (PIL) that challenged the decision of the Gujarat and Uttarakhand governments to set up a committee for introducing a Uniform Civil Code (UCC)
Key Points On Uniform Civil Code
- A bench led by Chief Justice of India DY Chandrachud and also comprising Justice PS Narasimha said the plea filed by Anoop Baranwal and others does not warrant being entertained.
- “They have constituted a committee under executive powers under Art 162. What’s wrong with it? Either you withdraw or we dismiss. Constitution of a committee cannot itself be challenged as ultra vires,” CJI Chandradhud observed.
- 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 the power to make laws.
- The BJP-ruled states of Gujarat and Uttarakhand have formed committees to study aspects of implementing UCC in the respective states.
Uniform Civil Code
- Uniform Civil Code resonates with one country one rule, to be applied to all religious communities.
- The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution.
- Part IV of the Constitution of India (Article 36–51) contains the Directive Principles of State Policy (DPSP).
- DPSP as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.
- A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.
- They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property.
- It is based on the premise that there is no connection between religion and law in modern civilization
- These laws include the Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, Parsi Marriage and Divorce Act.
- It will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.
- The same civil law will then be applicable to all citizens irrespective of their faith
Origin of Uniform Civil Code
Advantages of Uniform Civil Code
- Common Code would enable uniform principles to be applied in respect of aspects such as marriage, divorce, succession etc. so that settled principles, safeguards and procedures can be laid down and citizens are not made to struggle due to the conflicts and contradictions in various personal laws.
- One set of laws to govern the personal matters of all citizens irrespective of religion is the cornerstone of true secularism. It would help end gender discrimination on religious grounds and strengthens the secular fabric of the nation.
- It will protect the vulnerable sections of society. Women have been denied via personal laws in the name of socio cultural-religious traditions. Therefore, UCC could bring all communities together to ensure Women the Right to a dignified life and control over their life as well as body.
- if and when the whole population will start following the same laws, chances are there that it would bring more peace in the living and reduce riots. Hence, Religious harmony will be created for peaceful living in the country
- Personal laws differentiate between people on grounds of religion. A unified law having the same provisions regarding marital affairs would provide justice to those who feel discriminated against.
- UCC would make it easy to administer the huge population base of India.
Disadvantages of Uniform Civil Code
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