Uttarakhand’s Chief Minister Pushkar Singh Dhami announced on February 12 that the BJP, if voted to power, will form a committee to prepare a draft of the Uniform Civil Code (UCC) in the State .
Article and Uniform Civil Code
- Article 44: The promulgation of the Uniform Civil Code (UCC) emerges as a positive obligation and not duty of the State under Article 44 of the Constitution in the Directive Principles of State Policy (DPSP).
- The Article 44 says “the State shall endeavour to secure a Uniform Civil for the citizens throughout the territory of India”.
What is a State in the Constitution?
- Article 12 of the Constitution defines the “State” to include the Union and State governments, Parliament and State Legislatures, and even local authorities.
Entry five of the Concurrent List
- Entry five of the Concurrent List in the Seventh Schedule of the Constitution empowers both the Union and States to make laws on marriage, divorce, infants, minors, adoption, wills, intestacy and succession.
Goa and Uniform Civil Code
- Goa is the only state to have Uniform Civil Code.
- Goa’s Portuguese Civil Code of 1867 is an example of a common family law prevalent in a State.
Jose Paulo Coutinho judgment 2019
- The Jose Paulo Coutinho judgment of the court in 2019, in fact, found Goa a “shining example of an Indian State which has a UCC”.
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