Hindu Editorial Analysis : 16-June-2023

The concept of a Uniform Civil Code (UCC) has been a topic of debate in India for decades. It refers to a common set of laws governing personal matters, such as marriage, divorce, adoption, inheritance, and succession, applicable to all citizens irrespective of their religion. The Law Commission, responsible for recommending legal reforms, has recently decided to seek public views on the idea of implementing a UCC. This essay explores the concept of a UCC, the constitutional provisions regarding it, the role of the 22nd Law Commission, and the issues and criticisms surrounding this move.

Understanding Uniform Civil Code (UCC)

The Uniform Civil Code (UCC) aims to create a uniform legal framework for personal matters, ensuring equality and non-discrimination among all citizens regardless of their religious beliefs. It would replace the current system where different religious communities follow distinct personal laws.

Constitutional Provisions Suggesting UCC

The idea of a UCC is mentioned in Article 44 of the Indian Constitution, which states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” However, this provision falls under the Directive Principles of State Policy, making it advisory rather than a constitutional guarantee. Article 37 also reiterates the vision of a UCC as a goal for the nation to strive towards, along with other directive principles, but it does not grant the right to demand a UCC through the courts.

The 22nd Law Commission

The 22nd Law Commission, led by former Karnataka High Court Chief Justice Rituraj Awasthi, has been tasked with various responsibilities, including identifying obsolete laws for repeal, examining existing laws in light of Directive Principles of State Policy, and suggesting necessary legislations to implement these principles.

Focus Areas of the Commission

Under its mandate, the 22nd Law Commission is currently focusing on various significant issues, two of which include:

  1. Implementation of a Uniform Civil Code (UCC): The Commission is exploring the possibility of introducing a uniform set of laws governing personal matters that would be applicable to all citizens, irrespective of their religious backgrounds.
  2. Holding of Simultaneous Elections: Another area of concern for the Commission is the synchronization of elections across different tiers of government to streamline the electoral process.
Previous Decision and Current Approach

The 21st Law Commission had released a consultation paper in 2018, stating that a UCC was “neither necessary nor desirable” at that stage. The paper argued that the main focus of reform should be on eliminating discrimination rather than imposing uniformity in personal laws. It emphasized adopting overarching norms rooted in equality while respecting diverse means of governing aspects of personal law.

Critics and Controversy

Some critics view the Law Commission’s move to seek public opinions on the UCC as a political initiative to bring a potentially divisive issue into the spotlight. The concept of a UCC has been a contentious subject in India, with different religious communities having varying views on its necessity and implications.

Why In News

The Law Commission, recognizing the importance of public opinion, has taken a progressive step by actively seeking input from citizens regarding the potential implementation of a uniform civil code. This inclusive approach ensures that diverse perspectives and voices are considered in shaping any potential changes to the legal framework.

MCQs about Uniform Civil Code

  1. What is the main purpose of a Uniform Civil Code (UCC)?
    A. To establish different sets of laws based on religious beliefs.
    B. To ensure equality and non-discrimination among all citizens.
    C. To grant the right to demand a UCC through the courts.
    D. To create a constitutional guarantee for a UCC.
    Correct Answer: B. To ensure equality and non-discrimination among all citizens.
    Explanation: The UCC aims to provide a common set of laws for personal matters to promote equality and eliminate discrimination based on religion.
  2. Which article of the Indian Constitution mentions the idea of a Uniform Civil Code?
    A. Article 44
    B. Article 37
    C. Article 14
    D. Article 21
    Correct Answer: A. Article 44
    Explanation: Article 44 states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” It falls under the Directive Principles of State Policy.
  3. What was the stance of the 21st Law Commission regarding a Uniform Civil Code?
    A. It deemed a UCC as necessary and desirable.
    B. It suggested focusing on eliminating all forms of discrimination.
    C. It emphasized the need for uniformity in personal laws.
    D. It proposed separate laws for different religious communities.
    Correct Answer: B. It suggested focusing on eliminating all forms of discrimination.
    Explanation: The 21st Law Commission stated that the primary focus should be on removing discriminatory provisions and promoting equality rather than imposing uniformity in personal laws.
  4. What criticism has been raised regarding the Law Commission’s decision to seek public views on the Uniform Civil Code?
    A. It is considered a political initiative to bring divisive issues into focus.
    B. It violates the constitutional provisions related to personal laws.
    C. It aims to impose a single set of rules on society.
    D. It neglects the importance of religious freedom.
    Correct Answer: A. It is considered a political initiative to bring divisive issues into focus.
    Explanation: Critics argue that the Law Commission’s move to seek public opinions on the UCC is driven by political motives and may intensify the already contentious nature of the topic.

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