Hyderabad: Implementing correct strategies to build impressive answers. In the previous article, we implemented all the strategies to build good answers in the subject ‘Indian Polity and Governance’. We have also seen how to decode the demand of the question also, to help you address the complete parts of the question asked in the exam, […]
Hyderabad: Implementing correct strategies to build impressive answers. In the previous article, we implemented all the strategies to build good answers in the subject ‘Indian Polity and Governance’. We have also seen how to decode the demand of the question also, to help you address the complete parts of the question asked in the exam, thereby gaining maximum marks.
In this article too, we are going to see the best possible answer for another question asked in the previous years of UPSC Mains and State services. The answer discussed here will serve as a guiding light, thus helping you in writing answers to similar topics you come across.
Question 2: 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. (PYQ 2015)
Introduction: Refer to Constitutional Article 44 and define UCC.
1) Explain the reason behind the demand for UCC.
2) What are the factors inhibiting India from enacting a uniform civil code?
3) Mention steps that need to be taken by the government before enacting UCC.
Conclusion: Conclude with the idea of developing consensus among the public.
Article (44) of part four of the Indian Constitution provides for a uniform civil code (UCC) in the country. A ucivil code means that all citizens of the country irrespective of the difference of religion, race, caste, etc., be treated equally according to uniform laws.
Reasons behind the demand for UCC:
1) Right to Equality: It will provide women of all castes equality in terms of matters related to marriage.
2) Judgement of Supreme Court: In Shah Bano Case (1985), Supreme Court recommended that a UCC will be established to secure justice.
3) Integration of India: The main aim of our Constitution was to ensure unity in India. The UCC will help in bringing unity among the diversity of religion, race, caste, etc.
4) Secularism: Preamble as well as Fundamental Rights under Article 25, provide for secularism in the country. UCC helps in eliminating the differences based on religious marriage laws.
5) Reducing Vote Bank Politics: A UCC will help in curbing the practice of using these laws for the purpose of political gains.
Factors inhibiting India from adoption of uniform civil code:
1) Historical factors: In the Constituent Assembly, there was a debate regarding the adoption of UCC. As no consensus was established it was put under the non-enforceable part of the Constitution.
2) Social factors: There is huge diversity among communities of India, so it’s hard to find a common ground on which a UCC can be established.
3) Legal factors: There is a conflict between the Right to Equality (Article 14) and the Freedom of Religion (Article 25), in the implementation of UCC. As UCC hinders Freedom of Religion for the sake of the Right to Equality.
4) Division between Judiciary and Legislature: There is a lack of consensus between the Judiciary and Legislature over the priority order of a) Freedom of Religion (b) Rights of women (c) Uniform civil code.
Steps that need to be taken by the government before enacting UCC:
1) Approach towards minority community: There is a need to develop trust with the minority community, rather than going for a top-down approach and going for a bottom-up approach in the implementation of UCC.
2) Keeping secularism intact: The government should keep the positive secular tradition of India in mind while making any law.
There is a need to evolve a consensus over the issue of the uniform civil code without compromising with the idea of minority protection as well as preservation of national unity.
Make a note of important points from the above question and make your answer enriched. We will discuss a few more questions in the upcoming articles in this series.
To be continued…