Nov 01, 2022
Our today's edition of Current Affairs is here. Read to know more about What is Uniform Civil code and why Gujarat seeks to bring it? Also, find the topic's relevance to the UPSC CSE syllabus below:
For Prelims: Uniform Civil Code (UCC), Article 44, Directive Principles, Part IV of the Constitution, Article 37, Fundamental Rights.
For Mains: Uniform Civil Code (UCC) in India, Relationship between Fundamental Rights and Directive Principles, Uniformity in personal law in India, Significance of Uniform Civil Code (UCC).
Recently, the Gujarat Home Minister, after Uttarakhand, announced the formation of a committee to implement a uniform civil code (UCC) in the state.
The various State government has taken stance on a uniform civil code (UCC) that has evolved from one regime to the next, especially in the last eight years. Comment.
Relationship between Fundamental Rights and Directive Principles:
The Directive Principles of State Policy follow the Fundamental Rights (Part III, Arts 12-35) in the Constitution. The Fundamental Rights lie at the heart of the Constitution and are justiciable, which means they are legally enforceable in a court of law.
The Supreme Court in its landmark Minerva Mills judgment (1980) held that: Indian Constitution is founded on the bedrock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
As per Article 31C of the Indian constitution: If a law is made to implement any of the Directive Principles, it cannot be challenged on the ground of being violative of the Fundamental Rights under Articles 14 and 19.
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News Source: The Indian Express
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