Uniform Civil Code
Why in news:
- Recently the law minister replied in response to a question that the states are empowered to enact personal laws which decide the issues such as succession, marriage and divorce, in their endeavor to secure the Uniform Civil Code.
- He also informed that personal laws such as intestacy and succession, wills, joint family and partition, marriage and divorce, relate to Entry 5 of ListIII Concurrent List of the Seventh Schedule to the Constitution.
- Therefore, the states are well within their right to frame and legislate the law on uniform civil code.
What is Uniform Civil Code:
- The uniform civil code refers to the one law which applies to the all citizens irrespective of their religions in civil matters.
- It covers the issues like- Marriage, divorce, maintenance, inheritance, adoption and succession.
- Currently, personal laws of various communities are governed by their religious scriptures and texts.
- Article 44 of the Indian Constitution says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
- Before independence The Lex Loci Report of October 1840 stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But at the same time it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
- The Queen’s 1859 Proclamation also promised absolute non-interference in religious matters.
Syllabus : Prelims + Mains; GS 2 – Indian Polity and Governance
