SSC
Which Directive Principle directs the State to endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India?
Answer (Detailed Solution Below)View answer ▾Hide ▴
Answer: Option B — Article 44
Detailed Solution
Article 44, one of the Directive Principles of State Policy, says that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
What is a Uniform Civil Code:
- It means a common set of laws for all citizens on personal matters, such as marriage, divorce, inheritance, adoption and succession, irrespective of their religion.
- At present, these matters are largely governed by the personal laws of different religious communities, such as the Hindu, Muslim, Christian and Parsi laws.
Debate in the Constituent Assembly:
Some members, such as K. M. Munshi, Alladi Krishnaswami Ayyar and Dr. B. R. Ambedkar, supported a Uniform Civil Code, as a step towards national unity and gender justice.
Some Muslim members opposed it, saying that it would interfere with their religious freedom.
As a compromise, it was placed among the Directive Principles, which are not enforceable by the courts.
Steps taken so far:
- The Hindu Code Bills of the 1950s (the Hindu Marriage Act, the Hindu Succession Act, the Hindu Minority and Guardianship Act, and the Hindu Adoptions and Maintenance Act) codified and reformed Hindu personal law.
- The Special Marriage Act allows people of any religion to marry under a common civil law.
- Goa has had a common civil code since Portuguese times.
The courts and the UCC:
- In the Shah Bano case, the Supreme Court regretted that Article 44 had remained a dead letter, and said that a common civil code would help national integration.
- In the Sarla Mudgal case, the Court again urged the government to consider a Uniform Civil Code.
- The issue remains a subject of political debate.
Classification:
Article 44 is usually classed among the liberal-intellectual Directive Principles.
Why not the other options?
- ✗Article 45 deals with early childhood care and education; Article 49 deals with the protection of monuments; Article 51A lists the Fundamental Duties.
Quick tip
Remember: Article 44 = Uniform Civil Code (Directive Principle); Goa has a common civil code; Shah Bano and Sarla Mudgal cases.
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DPSP & Fundamental Duties — Preparation
This question tests your understanding of DPSP & Fundamental Duties, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the Directive Principles of State Policy in Part IV (Articles 36-51), borrowed from the Irish Constitution, and the Fundamental Duties in Part IV-A (Article 51A), added on the recommendation of the Swaran Singh Committee by the 42nd Amendment in 1976. Questions often ask which article contains a directive (Article 44 on a uniform civil code, Article 40 on village panchayats, Article 45 on early childhood care), how DPSP differ from Fundamental Rights (they cannot be enforced in court), and how many Fundamental Duties there are now (eleven, after the 86th Amendment added the eleventh in 2002). Practise the DPSP and Fundamental Duties questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.