Today, On 27th January, Congress leader Salman Khurshid has stated that the party is prepared to challenge the implementation of the Uniform Civil Code (UCC) in Uttarakhand, if necessary, in court. He emphasized the importance of safeguarding diversity and protecting citizens’ rights under the Constitution. The UCC has been a topic of crucial debate, with differing views on its implications for India’s pluralistic society. Khurshid reaffirmed the Congress’ commitment to upholding constitutional values.
Indore: Congress leader Salman Khurshid stated on Monday that the Uttarakhand Uniform Civil Code (UCC) may face legal challenges if necessary, following its implementation in the state.
Khurshid remarked,
“Let it happen. Let them implement it today. After that, we will see,”
He expressed confusion over the application of the UCC, questioning,
“I too have a house in Uttarakhand; will it be applicable to me too? It states that it will apply to residents of Uttarakhand, regardless of where they live. So, how far will the UCC follow them? What they have done and the reasoning behind it – we don’t understand… If there is something in it that needs discussion, we will address it. If needed, we will challenge it in court.”
In contrast, Uttarakhand Chief Minister Pushkar Singh Dhami emphasized that the UCC aims to create uniformity in personal civil laws that discriminate based on caste, religion, and gender.
CM Dhami announced on X,
“Dear residents of the state, The Uniform Civil Code (UCC) will be implemented in the state from January 27, 2025, making Uttarakhand the first state in independent India where this law will come into effect. All necessary preparations have been completed, including approval of the rules of the Act and training of concerned officials. The UCC will ensure equal rights and responsibilities for all citizens and is an offering made by our state in the great yagya being done by the Prime Minister to make the country a developed and harmonious nation.”
The Uttarakhand government will implement the Uttarakhand Uniform Civil Code Act, 2024, establishing a framework for creating and canceling wills and supplementary documents under testamentary succession.
This act applies throughout Uttarakhand and to residents living outside the state, with exceptions for Scheduled Tribes and protected communities.
Uttarakhand is the first state in India to introduce a Uniform Civil Code (UCC). It aims to make personal laws on marriage, divorce, inheritance, and succession simpler and uniform for everyone.
The rationale for the UCC is to support “uniformity in society and ensure equal rights and responsibilities for all citizens.”
CM Dhami stated,
“UCC is just an offering made by our state in the great ‘yagya’ being performed by the Prime Minister to make the country a developed, organized, harmonious, and self-reliant nation,”
The Bharatiya Janata Party (BJP) had pledged to implement the UCC in Uttarakhand during the 2022 assembly elections, which resulted in the party winning a second consecutive term an unprecedented achievement since the state’s formation in 2000.
According to CM Dhami, the historic electoral mandate was rooted in the party’s commitment to enacting the UCC.
The journey towards the Uniform Civil Code in Uttarakhand began when the state cabinet approved a proposal to establish an expert panel in March 2022, during its first meeting after winning the assembly elections. This panel, chaired by retired Supreme Court Justice Ranjana Prakash Desai, was formed on May 27, 2022, to draft the UCC.
The Uniform Civil Code (UCC) is a proposed law in India that seeks to replace personal laws based on religious scriptures and customs with a common set of laws governing every citizen of the country, irrespective of religion. It is intended to provide uniformity in areas such as marriage, divorce, inheritance, adoption, and maintenance.
Article 44 of the Directive Principles of State Policy in the Indian Constitution states that the State shall endeavor to secure a Uniform Civil Code for all citizens. However, Directive Principles are non-justiciable, meaning they cannot be enforced by the courts.
Recently, the Uniform Civil Code (UCC) draft report was approved by the Uttarakhand Cabinet and is likely to be tabled in the state assembly on 6th February 2024, as a bill for enactment.
- The UCC drafting committee was led by retired Supreme Court judge Ranjana Prakash Desai.
- The UCC is a proposed set of common laws for all residents of Uttarakhand, regardless of their religion, caste, or gender.
- Article 162 of the Indian Constitution indicates that the executive power of a State extends to matters with respect to which the Legislature of the State has power to make laws. In view of the provisions of Entry 5 of the Concurrent List of the Seventh Schedule, the constitution of a Committee to introduce and implement Uniform Civil Code (UCC) per se cannot be challenged as ultra vires.
- Entry 5 of the Concurrent List deals with “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
- Entry 5 of the Concurrent List deals with “marriage and divorce; infants and minors; adoption; wills, intestacy, and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.
- This implies that the state government of Uttarakhand can enact UCC within its territory.
The Uniform Civil Code (UCC) draft report created debates over its potential implications for fundamental rights and cultural diversity in India. Critics argue that the draft may infringe upon the constitutional guarantees of religious freedom and personal liberty by imposing a uniform code that fails to respect the nation’s rich diversity and pluralism.
Concerns have also been raised about the impact of the UCC on the rights and interests of Scheduled Tribes (STs) in Uttarakhand. Activists contend that the draft report does not adequately address the unique issues and aspirations of these communities, potentially eroding their cultural identity and autonomy.