23rd December, 2015 (MAINS)

TODAYs ANSWER WRITING CHALLENGE FROM GS-II

Q1. Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy. [12.5marks/2015/GS-2] 200 words.

Please write answer in the comments section.

  • Surabhi Gupta

    2015 mains GS2 question solved

    Answer:
    Following are the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy:
    1. Article 44 of the Constitution lists the Uniform Civil Code as one of the Directive Principles of state policy, which are not enforceable by any court.
    2. The 42nd Amendment Act of 1976, declares India as a secular nation. Similarly multiple constitutional cases especially the S.R.Bommai case have ruled secularism as the basic structure of the Indian Constitution.
    3. There is a view that the Uniform Civil Code principle runs contradictory to the idea of secularism which requires the State to be quiet on
    religious considerations.
    4. It has been argued that Uniform Civil Code goes against fundamental right to freedom of religion granted under Article 25, which
    confers right to freedom of conscience and free profession, practice and propagation of religion.
    5. Bringing in a Uniform Civil Code involves changing personal laws, including those of minorities which may violate their fundamental rights granted to them under Article 29 and 30. Therefore, it has been the consistent policy of the Centre not to interfere in personal laws of the minorities unless initiatives for changes come from communities themselves.
    6. According to the Supreme Court, Parliament alone has the power to legislate a Uniform Civil Code and that it is not for the judiciary to direct Parliament in this regard due to the separation of powers envisaged by the Constitution.
    7. The Uniform Civil Code can be successfully introduced only after achieving improved levels of literacy, awareness on various socio-political issues, enlightened discussions and increased social mobility.

    Conclusion:
    8. India needs a uniform civil code but it should not be forced on an unwilling population as majority of the people are not ready to adopt truly secular laws separated from religious customs.

    • http://shashidthakur23.blog.com Shashi Thakur

      Excellently written. keep it up.

      • Surabhi Gupta

        Thanks for boosting my confidence.

    • Ashi Agarwal

      really good.

      • Surabhi Gupta

        thanks.