Daily Current Affairs : 10-August-2023
In a recent development, the Kerala Legislative Assembly took a unanimous stand by adopting a resolution that expresses apprehension and unease regarding the Union Government’s intention to impose a uniform civil code (UCC). This resolution raises important points about the potential implications of such a move on the secular fabric of the nation and the principles of federalism.
Preserving Secularism in India
The primary concern highlighted in the Kerala Assembly’s resolution revolves around the secular nature of the country. The proposed uniform civil code has raised fears that it could jeopardize the diverse religious and cultural practices followed by different communities in India. By seeking to establish a single set of laws governing personal matters across all religions, the apprehension is that the UCC might infringe upon the religious freedom and individual rights of citizens.
Federalism and Central Decision-Making
Another significant aspect emphasized in the resolution is the principle of federalism. It is apprehended that the Union Government might unilaterally introduce the uniform civil code without consulting the states. This raises questions about the balance of power between the central and state governments. The resolution points out that such a move could potentially undermine the collaborative and consultative approach that underpins the federal structure of India’s governance.
Centre’s Authority in Lawmaking
The question arises whether the Union Government can independently enact a law on the uniform civil code. According to the Indian Constitution, matters related to personal laws fall within the Concurrent List of the Seventh Schedule. This means that both the Parliament and state legislatures have the authority to legislate on these matters.
- Union lists encompass subjects under the sole jurisdiction of the Parliament.
- State lists pertain to subjects under the exclusive domain of state legislatures.
- Concurrent lists involve subjects that both the central and state governments can legislate on.
However, Article 162 of the Constitution empowers state governments to enact laws when a central law is absent in the field. If a central law exists, it takes precedence over state laws, providing a framework for harmonization between state and central legislation.
Scope of State Laws on Personal Matters
While states can pass laws in areas not covered by central legislation, certain subjects within the Concurrent List, like Entry 5, do not grant precedence to state laws. Central laws already encompass aspects related to marriage, divorce, inheritance, and succession. Despite this, states retain the right to explore the feasibility of implementing their own laws in these areas.
Recent Developments
As a testament to the ongoing discourse, a recent instance involved certain states contemplating the establishment of committees to examine the viability of implementing a uniform civil code within their administrative jurisdictions. The Chief Justice of India’s bench declined to hear petitions challenging this move, indicating the ongoing exploration of options and strategies within the legal framework.
Important Points:
- Kerala Assembly’s Resolution:
- Unanimous adoption of a resolution expressing concern over the Union Government’s move to impose a uniform civil code (UCC).
- Fears about potential harm to the country’s secular nature.
- Emphasis on the importance of federalism and consultation with states.
- Preserving Secularism:
- Apprehension that UCC could undermine diverse religious and cultural practices.
- Fear of infringing upon religious freedom and individual rights of citizens.
- Federalism and Central Decision-Making:
- Concerns about unilateral introduction of UCC by the Union Government.
- Possibility of disturbing the balance of power between central and state governments.
- Need for collaborative and consultative approach in federal structure.
- Centre’s Authority in Lawmaking:
- Personal laws fall under the Concurrent List of the Constitution.
- Parliament and state legislatures can legislate on personal matters.
- Article 162 empowers states to legislate when central law is absent.
- Central law takes precedence over state law if it exists.
- Scope of State Laws on Personal Matters:
- State laws not prioritized over central legislation in certain subjects.
- Central laws already cover marriage, divorce, inheritance, and succession.
- States retain right to explore feasibility of implementing their own laws.
- Recent Developments:
- Certain states contemplate setting up committees for UCC implementation.
- Chief Justice of India’s bench refuses to hear petitions challenging this move.
- Indicates ongoing exploration of options within legal framework.
Why In News
The Kerala Legislative Assembly recently made history by achieving unanimous consensus in adopting a resolution that not only reflects its concern and anxiety but also signifies the diverse perspectives within the state, in response to the Union Government’s proposed imposition of a uniform civil code (UCC). This pivotal moment highlights the significance of respectful dialogue and deliberation in addressing complex matters of personal law while honoring the multicultural fabric of our nation.
MCQs about Challenges of Uniform Civil Code
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What was the primary concern raised by the Kerala Legislative Assembly in its resolution regarding the Uniform Civil Code (UCC)?
A. The potential infringement upon religious freedom and individual rights.
B. The need for a centralized legal framework across all states.
C. The lack of consultation with federal bodies.
D. The fear of undermining federalism in India.
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Which aspect of the Indian governance structure did the Kerala Assembly emphasize while discussing the potential implementation of the Uniform Civil Code?
A. Secularism and diversity of cultures.
B. Centralized power of the Union Government.
C. Exclusive authority of state legislatures.
D. Elimination of personal laws.
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What is the significance of Article 162 of the Indian Constitution in the context of legislating on personal laws?
A. It grants the Union Government exclusive authority in this matter.
B. It empowers state governments to legislate only with the Union Government’s approval.
C. It allows state governments to legislate on subjects where central laws do not exist.
D. It ensures that state laws always take precedence over central laws.
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How did the Chief Justice of India respond to the move by certain states to explore the feasibility of implementing a uniform civil code within their administrative jurisdictions?
A. The Chief Justice supported the move and encouraged uniformity.
B. The Chief Justice dismissed the move as unconstitutional.
C. The Chief Justice declined to hear petitions challenging the move.
D. The Chief Justice ruled that only the Union Government can explore UCC feasibility.
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