Law Minister Kiren Rijiju informed the Rajya Sabha on December 15 that states are empowered to enact personal laws that decide issues such as succession, marriage and divorce, in their endeavour to secure a uniform civil code (UCC).
Key points
- The Minister made these remarks in a written reply to a question posed by Communist Party of India (Marxist) member, asking whether the Centre was aware of the States formulating their own laws with respect to the UCC.
- The Union Law Minister said, “Article 44 of the Constitution provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
- Personal laws such as intestacy and succession; wills; joint family and partition; marriage and divorce, relate to Entry 5 of List-III-Concurrent List of the Seventh Schedule to the Constitution, and hence, the States are also empowered to legislate upon them.
- Uttarakhand was the first to set up a panel to explore the possibility of a common civil code in the State, the Gujarat government also announced its intention of doing so just ahead of its Assembly elections.
- Madhya Pradesh Chief Minister said a committee would be constituted to implement the UCC in the State.
- On December 9, MP Kirodi Lal Meena moved a Private Member’s Bill on the UCC .
What is a State?
- According to the Article 12 of the Constitution of India, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
