Relevance of Private Member’s Bill on UCC for UPSC
Private Member’s Bill on UCC: Private Member’s Bill on UCC is relevant for UPSC CSE GS 2: Fundamental Rights, Directive Principles of State Policy, Issues Related to Women
Why Private Member’s Bill on UCC is in news?
- A private member’s bill to implement Uniform Civil Code in India was introduced in Rajya Sabha on Friday, with 63 votes in favour and 23 votes against.
- The Bill, moved by BJP MP Kirodi Lal Meena, seeks to provide for the constitution of the “National Inspection and Investigation Committee” for preparation of Uniform Civil Code and its implementation throughout the territory of India.
Background of Private Member’s Bill on UCC
- In the past, although the The Uniform Civil Code in India Bill, 2020 was listed for introduction, it was not moved in the Upper House.
- This time also the Opposition members seek withdrawal of the Bill, however, Rajya Sabha Chairman Jagdeep Dhankhar called for division and the motion for introduction of the Bill was passed with 63 votes in favour and 23 against it.
Analysis of Sansad TV Discussion: ”Hijab Row & Demand for UCC”
What is a Private Members’ Bill?
- Private Members’ Bill is a bill introduced by the Member of Parliament (MP) who is not a Minister, i.e., a non-government member.
- Members of Parliament of both the ruling party as well as the opposition can introduce a Private Member Bill.
- However, it must be noted that a private member can give a maximum of three notices for the introduction of Private Members Bills during a Session.
- The Private Member bill, in order to become an act, must be passed in both the houses. Once passed in both houses, Presidential assent is also mandatory for the bill to become an Act.
- Such Bills can be introduced and discussed only on Fridays.
- Private members’ bill needs the backing of the government to get passed in the Parliament.
Admissibility of a Private Member’s Bill
- The admissibility is decided by the Chairman for Rajya Sabha and Speaker in the case of Lok Sabha.
- The Member must give at least a month’s notice before the Bill can be listed for introduction.
- The House secretariat examines it for compliance with constitutional provisions and rules on legislation before listing.
What Private Member’s Bill on UCC Seeks?
- The Private Member’s Bill on UCC envisages a collection of laws to protect the personal rights of all citizens without considering religion.
- Kirodi Lal Meena moved Private Member’s Bill on UCC for leave to introduce the Bill to provide for the constitution of the national inspection and investigation committee for preparation of a Uniform Civil Code and its implementation throughout India and for matters connected therewith during the private member’s business.
What is UCC?
- The Uniform Civil Code (UCC) comes under Article 44 of the Constitution.
- The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.
- The issue has been at the centre of political narrative and debate for over a century.
Fundamental Rights of Indian Constitution | A to Z Details for UPSC
Importance of Article 44
- Dr B R Ambedkar, while formulating the Constitution had said that a UCC is desirable but for the moment it should remain voluntary, and thus Article 35 of the draft Constitution was added as a part of the Directive Principles of the State Policy in part IV of the Constitution of India as Article 44.
- It was incorporated in the Constitution as an aspect that would be fulfilled when the nation would be ready to accept it and the social acceptance to the UCC could be made.
Classification of Directive Principles of State Policy (DPSPs)
Origin of Uniform Civil Code
- The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
- An increase in legislation dealing with personal issues at the far end of British rule forced the government to form the B N Rau Committee to codify Hindu law in 1941.
- The task of the Hindu Law Committee was to examine the question of the necessity of common Hindu laws. The committee, in accordance with scriptures, recommended a codified Hindu law, which would give equal rights to women.
- The 1937 Act was reviewed and the committee recommended a civil code of marriage and succession for Hindus.
What Supreme Court of India thinks on UCC?
- The Supreme Court of India has always called for the implementation of the Uniform Civil Code in the nation.
- With Shah Bano case case, debate on UCC started for providing equal protection of laws to everyone despite their religious belief.
- A resident of Madhya Pradesh’s Indore, Shah Bano was refused payment of alimony by her ex-husband after divorce.
- The Supreme Court, in its judgement in favour of Shah Bano, said, “It is a matter of regret that Article 44 of our Constitution has remained a dead letter… A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.”
What will Uniform Civil Code(UCC) do?
- The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervour through unity.
- When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others.
- The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.
- The same civil law will then be applicable to all citizens irrespective of their faith.
Who opposed the Private Member’s Bill on UCC ?
Opposition members from Trinamool Congress (TMC), Marumalarchi Dravida Munnetra Kazhagam (MDMK), Rashtriya Janata Dadl (RJD), Samajwadi Party (SP), Communist Party of India (CPI), CPI (Marxist), Nationalist Congress Party (NCP), and Congress opposed the Private Member’s Bill on UCC.
FAQs on Private Member’s Bill on UCC
Q. Who was Shah Bano?
Ans. A resident of Madhya Pradesh’s Indore, Shah Bano was refused payment of alimony by her ex-husband after divorce.
Q. What is UCC?
Ans. The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption.
Q. Which article of Indian Constitution says about UCC?
Ans. The Uniform Civil Code (UCC) comes under Article 44 of the Constitution.