Unity in diversity
The UCC debate directly maps to GS II (Polity & Governance) and Essay themes of secularism, personal laws, and constitutional directives. It involves Article 44 of the DPSP, Supreme Court observations, and the ongoing Law Commission consultations, all of which are high-frequency exam areas. The tension between uniformity and religious/cultural pluralism also invokes GS IV ethics of fairness, identity, and justice.
Key facts
- Uniform Civil Code is enshrined as a Directive Principle under Article 44 of the Indian Constitution.
- The 22nd Law Commission of India invited public and religious organisations' views on UCC in 2023.
- Goa is the only Indian state that currently has a uniform civil code (Goa Civil Code) inherited from Portuguese rule.
- The Supreme Court has on multiple occasions (Shah Bano 1985, Sarla Mudgal 1995) called for implementation of UCC.
- UCC would replace personal laws governing marriage, divorce, inheritance, and adoption across religions.
- A broad-based committee or Constitutional body is suggested to ensure inclusive deliberation before enactment.
The article discusses the pros and cons of implementing a Uniform Civil Code in India, highlighting the need for a broad-based committee to deliberate on the issue.
Concepts to know
Article 44 is a Directive Principle of State Policy that directs the State to endeavour to secure a Uniform Civil Code for all citizens. It is non-justiciable but guides policy-making.
UCC refers to a single set of civil laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens irrespective of religion, replacing religion-specific personal laws.
Enshrined in Part IV (Articles 36–51) of the Constitution, DPSPs are non-enforceable guidelines for governance. Article 44 on UCC is one such directive that the state must strive to implement.
The Law Commission is an executive body constituted by the Government of India to undertake legal research and recommend legislative reforms. The 22nd Law Commission was tasked with examining the feasibility of UCC in 2023.
Goa is the only Indian state with a uniform civil code, based on the Portuguese Civil Code of 1867, which applies equally to all residents irrespective of religion for matters of marriage, divorce and succession.
Articles 25–28 guarantee Fundamental Rights relating to freedom of religion. Critics of UCC argue it must be balanced against these rights, as personal laws are often seen as integral to religious practice.
Linked previous-year questions
The UPSC questions this story connects to.
Match List I (Articles of the Constitution of India) with List II (Provision) and select the correct answer using the codes given below the lists: List–I A. Article 14 B. Article 15 C. Article 16 D. Article 17 List–II 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex place of birth or any of term. 2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. 3. 'Untouchability' is abolished and its practice in any form is forbidden. 4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. (a) A-2, B-4, C-1, D-3 (b) A-3, B-1, C-4, D-2 (c) A-2, B-1, C-4, D-3 (d) A-3, B-4, C-1, D-2
- a.A-2, B-4, C-1, D-3
- b.A-3, B-1, C-4, D-2
- c.A-2, B-1, C-4, D-3 ✓
- d.A-3, B-4, C-1, D-2
Polity · UPSC 2004Consider the following statements about the minorities India: 1. The Government of India has notified five communities, namely, Muslims, Sikhs, Christians, Buddhists and Zoroastrians as Minorities 2. The National Commission for Minorities was given statutory status in 1993 3. The smallest religious minority in India are the Zoroastrians 4. The Constitution of India recognizes and protects religious and linguistic minorities Which of these statements are correct? (a) 2 and 3 (b) 1 and 4 (c) 2, 3 and 4 (d) 1, 2 and 4
- a.2 and 3
- b.1 and 4
- c.2, 3 and 4
- d.1, 2 and 4 ✓
Polity · UPSC 2001Match List-I (Article of Indian Constitution) with List-II (Provisions) and select the correct answer using the codes given below the list: List–I (Article of Indian Constitution) A. Article 16 (2) B. Article 29 (2) C. Article 30 (I) D. Article 31 (I) List–II (Provisions) 1. No person shall be deprived of his property save by the authority of law 2. No person can be discriminated against in the matter of public appointment on the ground of race, religious or caste 3. All minorities whether based on religion or language shall have to establish and administer educational institutions of their choice 4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language or any of them (a) A-2, B-4, C-3, D-1 (b) A-3, B-1, C-2, D-4 (c) A-2, B-1, C-3, D-4 (d) A-3, B-4, C-2, D-1
- a.A-2, B-4, C-3, D-1 ✓
- b.A-3, B-1, C-2, D-4
- c.A-2, B-1, C-3, D-4
- d.A-3, B-4, C-2, D-1
Polity · UPSC 2002Assertion (A): According to the Wavell Plan, the number of Hindu and Muslim members in the Executive Council were to be equal. Reason (R): Wavell thought that this arrangement would have avoided the partition of India. (a) Both A are R are true but R is the correct explanation of A (b) Both A and R are true but R is not a correct explanation of A (c) A is true but R is false (d) A is false but R is true
- a.Both A are R are true but R is the correct explanation of A
- b.Both A and R are true but R is not a correct explanation of A
- c.A is true but R is false ✓
- d.A is false but R is true
History · UPSC 2007Which of the following is/are among the Fundamental Duties of citizens laid down in the Indian Constitution? 1. To preserve the rich heritage of our composite culture. 2. To protect the weaker sections from social injustice. 3. To develop the scientific temper and spirit of inquiry. 4. To strive towards excellence in all spheres of individual and collective activity. Select the correct answer using the codes given below: (a) 1 and 2 only (b) 2 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4
- a.1 and 2 only
- b.2 only
- c.1, 3 and 4 only ✓
- d.1, 2, 3 and 4
Polity · UPSC 2012Which of the following is/are among the noticeable features of the recommendations of the Thirteenth Finance Commission? 1. A design for the Goods and Services Tax, and a compensation package linked to adherence to the proposed design. 2. A design for the creation of lakhs of jobs in the next ten years in consonance with India's demographic dividend. 3. Devolution of a specified share of central taxes to local bodies as grants. Select the correct answer using the codes given below: (a) 1 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3
- a.1 only
- b.2 and 3 only
- c.1 and 3 only ✓
- d.1, 2 and 3
Polity · UPSC 2012
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