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Indian Constitution: Features

Last updated on March 11, 2024 by ClearIAS Team

India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government.

The Indian Constitution was approved by the Constituent Assembly on November 26, 1949, and took effect on January 26, 1950. The Indian Constitution provides for a Parliamentary form of government which is federal in structure with certain unitary features.

The Indian Constitution was amended several times. The 42nd Amendment Act of 1976 is known as the “Mini Constitution” because it made a large number of changes in the various parts of the Constitution.

Table of Contents

Essential Features of the Indian Constitution

Important features of the constitution are as follows:

Largest Written Constitution

It is a written constitution containing as many as 395 Articles, originally divided into 22 parts and 9 schedules. At present, there are 448 articles, 25 parts, and 12 schedules in the Indian Constitution.

• Indian Constitution is the largest one in the world. The Constitution’s framers included several features to prevent loopholes and flaws because they wanted to ensure there would be no difficulties throughout its implementation.
• They framed the Chapter on Fundamental Rights on the model of the American Constitution, the parliamentary system of Government from the United Kingdom, the Directive Principles of State Policy from the Constitution of Ireland, and the Emergency provisions from the Constitution of the German Reich and the Government of India Act, 1935.
• Moreover, it lays down the structure not only of the Central Government but also of the States. Another factor contributing to the Constitution’s bulk is the size of the country and the diversity of the people living there.

Sovereign Socialist, Secular, Democratic, and Republic

According to the Preamble, India is a Sovereign, Socialist, Secular, Democratic Republic.

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• Sovereign: The word Sovereign emphasizes that India is no longer dependent upon any outside authority.
• Socialist: The term “Socialist” has been inserted in the Preamble by the Constitution 42nd Amendment Act, 1976 . In general, it means some form of ownership of the means of production and distribution by the State. India has chosen a mixed economy and now drifting towards privatization.
• Secularism: The term Secularism means a State which has no religion of its own as a recognized religion of the State. It treats all religions equally.
• Democratic: The term “democratic” indicates that the Constitution has established a form of Government that gets authority from the will of the people. The rulers are elected by the people. Justice, liberty Equality, and Fraternity are the essential features of democracy.
• Republic: The term Republic signifies that there shall be an elected head of the State who will be the Chief Executive Head. The President of India, unlike the British King or Queen, is not a hereditary monarch but an elected person chosen for a limited period. It is an essential ingredient of a Republic.

Parliamentary form of Government

Both at the Centre and States, the Constitution established a parliamentary form of Government.  The essence of the parliamentary form of Government is its responsibility to the legislature. The Council of Ministers is collectively responsible to the Lower House i.e., Lok Sabha, and therefore it is called responsible Government.

Parliamentary democracy has three important characteristics namely,

• The executive is responsible to the Lower House;
• The Lower House has a democratic basis i.e. it is elected by the people; and
• The ultimate legislative and financial control is vested in this Lower House.

The Parliamentary system of Government in India is based on adult suffrage, whereby all citizens of India who are not less than 18 years of age and are not disqualified on certain grounds like non-residence, unsoundness of mind or corrupt practices have the right to be registered as voters in any election to the Lok Sabha and the Legislative Assemblies of the States.

Partly Rigid and Partly Flexible

One of the important features of the Indian Constitution is that it is partly rigid and partly flexible.

• Certain provisions can be amended by a simple majority in Parliament, while there are certain other provisions whose amendment requires not only a special majority in Parliament but also ratification by at least one-half of the State Legislatures.

Fundamental Rights

Fundamental Rights are incorporated in part III of the Indian Constitution. This idea of incorporating the Bill of Rights has been taken from the Constitution of the United States.

• These rights impose limitations on the powers of the State. The State cannot take away or abridge these Fundamental Rights of the citizens guaranteed by the Constitution.
• If it passes such a law it may be declared unconstitutional by the Courts.
• The Supreme Court is empowered to grant the most effective remedies like Writs of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari whenever these rights are violated.

However, the Fundamental Rights are not absolute. They are subjected to certain restrictions, based on some social interests.

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Directive Principles of State Policy

The Directive Principles of State Policy is contained in Part IV of the Constitution. Unlike Fundamental Rights, these rights are not justiciable. Though by their very nature, they are not justiciable in the Court of law.

• The idea of the welfare state envisaged in our Constitution can only be achieved if the States endeavor to implement it with a high sense of moral duty.
• Directive Principles of State Policy support villages and rural economy called Gram Swaraj, one of the ideals of Mahatma Gandhi.

Fundamental Duties

The provisions of fundamental duties were not provided by the original constitution. It was incorporated by the 42nd Amendment Act, of 1976, as a Code of ten “Fundamental Duties” for Citizens. These were added on the recommendation of the Swaran Singh Committee.

• The 86th Amendment Act of 2002 added one more fundamental duty (11th). These duties, like the Directive Principles of State Policy, cannot be judicially enforced. However, they remind the responsible citizens what the Constitution expects from them.

Adult Suffrage

Under the Indian Constitution, every man and woman above 18 years of age has been given the right to elect their representatives for the legislature. By the 61st Amendment Act of 1988, the voting age was reduced to 18 years from 21 years in 1989.

• The adoption of universal adult suffrage under Article 326 without any qualification of sex, property, taxation, or the like is a bold experiment in India having regard to the vast extent of the country and its population, with an overwhelming illiteracy.

An Independent Judiciary

The Indian Constitution establishes an integrated as well as an independent judicial system. The Supreme Court stands at the top of the integrated judicial system of the country and below it, there are high courts at the state level.

The Supreme Court is the highest court of appeal, the guarantor of fundamental rights, and the guardian of the Constitution.

A Secular Socialist State

The Citizens of our country are free to follow any religion and they enjoy equal rights without any distinction of caste, creed religion, or sex. The word “secular” has been included in the Preamble by the 42nd Amendment.

• Article 15 (1) prohibits any discrimination based on religion, and Article 25 (1) provides that subject to public order, morality, and health and the other provisions, all persons are equally entitled to freedom of conscience and the right to profess, practice, and propagate religion.
• Secularism is also subject to democratic socialism. Religious freedom cannot, therefore, be used to practice economic exploitation. The right to acquire, own, and administer property by religious institutions is subject to the regulatory power of the State.

Single Citizenship

Though the Constitution envisaged a dual polity i.e., Centre and States, it provides for a single citizenship for the whole of India. The American Constitution provides for dual citizenship i.e., the citizen of the USA and a State citizenship. Every Indian has citizenship throughout the country with the same rights.

Three-Tier Government

One of the prominent features of the Indian Constitution is the three-tier structure of government. The original Constitution, like all other federal constitutions, established a dual polity and contained laws governing the structure and authority of both the federal government and the states. Later, the third level of government (i.e., local) was added by the 73rd and 74th Constitutional Amendment Acts of 1992, which is not found in any other constitution in the world.

The 73rd Amendment Act of 1992 gave constitutional recognition to the panchayats (rural local governments) by adding a new Part IX and a new Schedule 11 to the Constitution. Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to the municipalities (urban local governments) by adding a new Part IX-A and a new Schedule 12 to the Constitution.

Related Articles:

• Constitution of India
• Borrowed features of the Indian Constitution
• Indian Constitution: History and Evolution
• Historical background of Indian Constitution

Article Written By: Priti Raj

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Constitution of India: Meaning, Structure, Enactment, Salient Features & Significance

The Constitution of India , as the fundamental law of the land , embodies the values, principles, and governance framework of our country. It serves as the supreme law, guiding the state’s functioning and ensuring citizen’s rights and responsibilities. With its roots grounded in historical struggles, philosophical ideals, and societal aspirations, it reflects the nation’s collective journey toward democracy, justice, and equality. This article of NEXT IAS aims to explain the meaning, structure, salient features, significance, and other aspects of the Constitution of India.

What is the Meaning of Constitution?

A Constitution of a state is a fundamental set of principles or established precedents according to which the state is governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens. It serves as the supreme law of the land , providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.

What is Constitution of India?

The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country.

Structure of the Indian Constitution

The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows:

• The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework.
• Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution.
• Each part of the constitution contains several articles numbered sequentially.
• Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles .
• They provide clarity and supplementary details, making the Constitution more comprehensive and functional.
• Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution.

Enactment and Adoption of the Indian Constitution

• The Constitution of India was framed by a Constituent Assembly which was established in 1946. The President of the Constituent Assembly was Dr. Rajendra Prasad .
• On 29th August 1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting Committee to draft a permanent constitution of India. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar .
• The Drafting Committee took a total of 166 days , which was spread over 2 years, 11 months, and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced in the Constituent Assembly on 4th November 1948 .
• After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “ Date of Adoption ” of the Constitution of India.
• A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “ Date of Enactment ” of the Constitution of India.

Salient Features of the Indian Constitution

Lengthiest written constitution.

The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive and detailed document.

• Several factors that have contributed to its elephantine size include – the need to accommodate the vast diversity of the country, a single constitution for both the Center and States, the presence of legal experts and luminaries in the Constituent Assembly, etc.

Drawn from Various Sources

The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935 as well as from the constitutions of various other countries.

Blend of Rigidity and Flexibility

Constitutions are classified into – rigid (requires a special procedure for its amendment) and flexible (can be amended in the same manner as ordinary laws are made).

• The Constitution of India is neither rigid nor flexible, but a synthesis of both.

Federal System with Unitary Bias

The Constitution of India establishes a federal system of government and contains all the usual features of a federation. However, it also contains a large number of unitary or non-federal features.

Parliamentary Form of Government

The Constitution of India has adopted the British Parliamentary System of Government. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs.

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The synthesis of parliamentary sovereignty and judicial supremacy in India represents a delicate balance between the authority of the legislature to enact laws and the power of the judiciary to review and interpret these laws in light of constitutional principles.

• While Parliament retains the ultimate authority to make laws , the judiciary serves as the guardian of the Constitution , ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights.

Integrated and Independent Judiciary

The Indian Constitution establishes an integrated and independent judicial system in the country.

• An integrated judicial system means that a single system of courts, comprising of Supreme Court , High Courts, and Subordinate Courts, enforces both the central laws as well as the state laws.
• An independent judicial system means that the Indian judiciary operates autonomously, free from the influence of the executive and legislative branches of government.

Fundamental Rights

The Indian Constitution guarantees 6 fundamental rights to all citizens, which promotes the idea of political democracy in the country. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

Directive Principles of State Policy

The Indian Constitution contains a set of principles in the form of Directive Principles of State Policy (DPSPs) , which denote the ideals that the state should keep in mind while formulating policies and enacting laws.

• The Directive Principles seek to establish a ‘Welfare State’ in India by promoting the ideal of social and economic democracy.

Fundamental Duties

The fundamental duties are a set of moral and civic obligations outlined in the Constitution of India.

• These duties serve as a guide for citizens to contribute towards building a strong and harmonious nation.

A Secular State

The Constitution of India does not uphold any particular religion as the official religion of the Indian State. Instead, it mandates that the state treat all religions equally, refraining from favoring or discriminating against any particular religion.

Universal Adult Franchise

The Indian Constitution adopts universal adult franchise as the basis of elections to the Lok Sabha and the State Legislative Assemblies.

• Every citizen who is not less than 18 years of age has a right to vote without any discrimination based on caste, race, religion, sex, literacy, wealth, and so on.

Single Citizenship

Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them.

Independent Bodies

The Indian Constitution has established certain independent bodies which are envisaged as the bulwarks of the democratic system of Government in India.

Emergency Provisions

The Indian Constitution contains emergency provisions to enable the President to meet any extraordinary situation effectively.

• The rationale behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution .

Three-tier Government

The three-tier government refers to the division of governmental powers and responsibilities among three levels- the central government, state governments, and local governments (Panchayats and Municipalities).

• This decentralized system allows for effective governance by delegating authority to address regional and local issues, promoting participatory democracy and grassroots development.

Co-operative Societies

The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-operative societies.

Significance of the Constitution of India

• Rule of Law – The Constitution establishes the framework for governance based on the rule of law, ensuring that no individual, including government officials, is above the law.
• Protection of Rights – It guarantees fundamental rights to citizens, safeguarding their freedoms of speech, expression, religion, and more, while also providing mechanisms for legal redress if these rights are infringed upon.
• Structure of Government – The Constitution delineates the structure of government, defining the roles, powers, and limitations of the executive, legislative, and judicial branches. This separation of powers prevents the concentration of authority and promotes checks and balances.
• Democratic Principles – Through provisions like a universal adult franchise, the constitution upholds democratic principles by ensuring citizens’ participation in governance through free and fair elections.
• Stability and Continuity – The constitution provides stability and continuity in governance, serving as a framework for guiding successive governments and preventing abrupt changes in the political system.
• National Unity – It fosters national unity by recognizing and respecting the diversity of the populace while also promoting a sense of common citizenship and allegiance to the nation.
• Legal Framework – The constitution serves as the legal foundation upon which all laws and regulations are based, providing consistency and coherence in the legal system.
• Adaptability – While providing a stable framework, the constitution also allows for necessary amendments to accommodate changing societal needs and values, ensuring its relevance over time.

Sources of the Constitution of India

• Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions, and Administrative Details.
• British Constitution – Parliamentary System of Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges, and Bicameralism.
• US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court Judges, and the Post of the Vice-President.
• Irish Constitution – Directive Principles of State Policy, the Nomination of Members to Rajya Sabha, and Method of Election of the President.
• Canadian Constitution – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
• Australian Constitution – Concurrent List, Freedom of Trade, Commerce & Intercourse, and a Joint Sitting of the two Houses of Parliament.
• Weimar Constitution of Germany – Suspension of Fundamental Rights during Emergency.
• Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of Justice (Social, Economic, and Political) in the Preamble.
• French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
• South African Constitution – Procedure for amendment of the Constitution and election of members of Rajya Sabha.
• Japanese Constitution – Procedure established by law.

Various Schedules of the Indian Constitution

Parts of the constitution.

Note – Part-VII (The States in Part B of the First Schedule), has been deleted by the 7th Constitutional Amendment of 1956.

In conclusion, the Indian Constitution stands as a testament to the nation’s democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India’s journey towards a more just, inclusive, and prosperous society. The Indian Constitution stands as a testament to upholding its values, fostering unity amidst diversity, and safeguarding the rights and liberties of every citizen, thus ensuring a brighter future for generations to come.

Related Concepts

• Constitutionalism – Constitutionalism is a system where the Constitution is supreme and the institution’s structure and processes are governed by constitutional principles. It provides the template or framework within which the state has to carry out its operations. It also puts limitations on the government.
• Classification of the Constitution – Constitutions across the world have been classified into the following categories and sub-categories:

Frequently Asked Questions (FAQs)

When was the constitution of india adopted.

The Constitution of India was adopted on 26th November 1949 .

Why the Constitution of India is called a bag of Borrowing?

The Constitution of India is called a “bag of borrowing” due to its extensive adaptation of principles and provisions from various global sources. It amalgamates elements from multiple constitutions, including the British, American, Irish, Canadian, and others, reflecting India’s diverse legal heritage and democratic ideals.

Who is known as the ‘Father of Indian Constitution’?

Dr. B.R. Ambedkar is regarded as the “Father of the Indian Constitution” for his pivotal role as the chairman of the Drafting Committee and his significant contributions in shaping the provisions of the Indian Constitution.

When do we Celebrate the Constitution Day?

Constitution Day also famously known as ‘Samvidhan Divas’ , is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.

What is the Philosophy of the Constitution of India?

The philosophy of the Constitution of India revolves around several key principles such as Sovereignty, Equality, Justice, Liberty, Fraternity, Dignity, Secularism, Federalism, Democratic Principles, etc.

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Uniform Civil Code in India: Suggestions, Challenges and Essay for UPSC Notes

The Uniform Civil Code is based on the idea of one country, one code that applies to all faith groups. Part 4, Article 44 of the Indian Constitution specifically mentions the term “Uniform Civil Code.”

Since the first petition was submitted in 2019 to demand the creation of a UCC to promote national integration and gender equality,  justice, and dignity of women, it has become a hotly disputed topic in India. Questions from it can be asked in the IAS Exam in GS-II (Governance), Mains GS-1 (Indian Society), Prelims, and also Essay papers.

This article will give you all the important notes and information about the uniform civil commission in India. The law commission reports behind the uniform code, when it was formed and why it was formed, all the data will be provided here.

Uniform Civil Code in India: UPSC Essay Introduction Paragraph

A Uniform Civil Code indicates that all members regardless of faith, society, will be treated equally under a national civil code that will be applied similarly to all.

They address topics such as inheritance, divorce, adoption, marriage, child support, and property succession. It is founded on the assumption that in modern culture, there is no link between law and religion.

Also Read: Uniform Civil Code: The Complete Guide to Important UPSC Notes  

Features Of Uniform Civil Code of Goa

# In Goa, the Uniform Civil commission is a progressive statute that allows for an equitable distribution of income and property between husband and wife, as well as children (regardless of gender).

# Every birth, marriage, and death must be legally recorded. There are numerous provisions for divorce.

# Polygamy and triple talaq are not permitted for Muslims whose marriages are registered in Goa.

# During the course of a marriage, the couple shares all of the property and wealth that each spouse owns or acquires.

# In the event of a divorce, each spouse is entitled to half of the property, and in the event of death, the surviving member’s ownership is halved.

# Parents cannot completely disinherit their offspring. A minimum of half of their assets must be passed on to the children. This inherited property must be divided among the children equally.

Also Read: How to Write an Essay? 9 Tips To Score Better in UPSC Essay Paper

Suggestions for Bringing Up a Uniform Civil Code

The following suggestions must be considered immediately in order to achieve the DPSP’s goals and maintain legal uniformity

# People should be encouraged to have a progressive and open-minded mindset in order to grasp the spirit of the UCC. Education, sensitization and awareness programmes must be implemented to achieve this.

# The Uniform Civil commission should be written with the greatest interests of all religions in mind.

# To maintain uniformity, a committee of distinguished jurists should be formed, and care must be taken not to offend the feelings of any particular group.

# Given the sensitivity of the subject, it is always preferable if the initiative comes from the religious groups involved.

Uniform Civil Code: Historical Perspective (Second Paragraph)

The perspective of the commission comes from the history of colonial times.

Pre-Independence: Colonial Era

# The October 1840 Lex Loci Report emphasised the need and necessity of uniformity in the codification of Indian law, particularly in the areas of crimes, proof, and contract. However, it was also recommended that Muslim and Hindu personal laws be left out of such codification.

# The Proclamation of the Queen of 1859 pledged complete non-interference in religious affairs.

Post-Colonial Era

Famous leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar campaigned for a standard civil code during the constitution’s development.

However, because of religious fundamentalist opposition and a lack of public understanding at the time, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44).

The Hindu Code Bill

Dr B R Ambedkar drafted the bill to modify Hindu laws that legalised divorce, prohibited polygamy, and provided daughters inheritance rights. Despite fierce opposition, a reduced form of the code was passed through four different statutes.

Succession Act

Originally, the Hindu Succession Act of 1956 did not grant daughters any inheritance rights in the family property. They could only beg for a right to food from a Hindu family that lived together. However, on September 9, 2005, an amendment to the Act was passed, which eliminated the difference.

Minority and Guardianship Act

The Hindu Marriage Act

Adoptions and Maintenance Act

Special Marriage Act

It was passed in 1954 and allows legal marriages to take place outside of any religious personal law.

Also Read: What Is the UAPA Act? Here’s All You Need to Know about the Act for the UPSC Exam

Law Commission Report: Uniform Civil Code in India (Third Paragraph)

According to the Law Commission study, the way forward may not be a Uniform Civil commission, but rather the codification of all personal laws so that stereotypes and prejudices in each one can be exposed and tested against the Constitution’s Fundamental Rights.

Merits of Uniform Civil Code

Given below are the merits of the law commission of the UCC or the Uniform Civil Code. The UCC has many advantages because it is a commission for equality, liberty and franchise.

National Integration

A single commission is essential for the protection of India’s most vulnerable citizens (religious minorities and women), as well as the development of solidarity and national unity.

Simplification of Laws

# There are numerous personal laws, such as the Sharia Law, Hindu Code Bill, and others.

# The existence of so many laws leads to complexity, confusion, and inconsistency in the adjudication of personal matters, which can result in delayed or no justice.

# This overlapping of laws will be eliminated by the UCC.

Simplification of the System

UCC will lead to a decrease in litigation originating from numerous personal laws.

Establishing a Secular Nation

# UCC will separate law from religion, which is a very desirable goal in a socialist and secular society.

# Furthermore, it complies with Article 44 of the Directive Principles of State Policy, which is a constitutional duty.

Gender Justice

# Women’s rights are frequently restricted under patriarchal rhetoric by religious regulations.

# UCC will free women from patriarchal oppression and grant them the right to liberty and equality that they deserve.

# UCC would lead to the defeat of divisionist and communal movements in the long run.

Way Forward UCC (Conclusion)

India has a unique mix of Parsi, Muslim, Christian and Hindu personal laws codified. There is no single family-related law for all Indians in a single statute book that is acceptable to all religious faiths that coexist in India. However, the majority of them agree that UCC is unquestionably desirable and would contribute significantly to the building and consolidation of Indian nationhood.

Furthermore, although the United States Constitution endorses the cause of a uniform civil code in Article 44, it should not be misinterpreted as a “common law.”

The term “uniform” refers to the fact that all communities must be governed by the same gender and human equity principles.

Each personal law will be humanised and modernised as a result.

It would imply different personal rules founded on ideals of liberty, fairness, and equality, rather than common law.

Practice Questions for Uniform Civil Code for UPSC

Here are some questions which are asked in the previous papers of UPSC

# What are your thoughts on the Uniform Civil Code? Examine its applicability in a secular country like India, as well as the obstacles to its implementation. (maximum 250 words)

# Examine the elements that may prevent India from implementing a unified civil commission for its inhabitants, as required by the directive principles of state policy.

# On the one hand, there is no necessary link between religion and personal laws, while civil and personal laws are distinct on the other. Discuss the need for a consistent civil commission and the various issues that come with it in this setting.

# Essay Question: In a secular India, a Uniform Civil Code is Required.

Also Read: UPSC Test Question with Answers: Practice Set for UPSC Current Affairs

This article is an essay on the uniform civil code of India and talks about the challenges, suggestions and also the arguments. The aspirants should take down these as important notes, and also form revision notes as bullet points as uniform civil code is a very crucial topic in the UPSC.

It can be asked in current affairs, general studies papers and even as an essay topic. There are many videos that talk about this topic and many debates which give you the perfect idea of what this topic is all about.

Hopefully , this article helped you with all the data and information that you were looking for. What is your opinion on the Uniform Civil Code of India? Drop your explanation in the comments section below.

Also Read: What is Section 66A of the IT Act? Here is All the Information for UPSC Preparation

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Home » Indian Polity » Indian Constitution » Amendments of the Constitution

Introduction:

Amending the Constitution of India is the process of making changes to the nation’s fundamental law or supreme law. The procedure of amendment in the constitution is laid down in Part XX (Article 368) of the Constitution of India. This procedure ensures the sanctity of the Constitution of India and keeps a check on arbitrary power of the Parliament of India.

‘This variety in the amending process is wise but rarely found’- KC Wheare

  ‘The amending process has proved itself one of the most ably conceived aspects of the constitution. Although it appears complicated, it is merely diverse’- Granville Austin

• It was borrowed from the South African constitution
• Article 368 in Part XX of the constitution: Powers of Parliament to amend the constitution.
• Keshavananda Bharati judgment: Parliament cannot amend those parts which are part of the ‘Basic Structure’ of the constitution.

Article 368: “Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the ‘basic structure’ of the Constitution”. Article 368 of Part XX of Constitution of India provides for two types of amendments.

• By a special majority of Parliament
• By a special majority of the Parliament with the ratification by half of the total states.

Types of Amendments:

Special majority:

In Indian constitution, the provisions related to special majority can be categorized into the following:

• Article 249: 2/3 rd members present and voting. This is required in the case of empowering Parliament to make laws on those issues included in state list
• Article 368: It refers to a majority of 2/3rd members present and voting supported by over 50% of the total strength of the House.
• Article 368+ fifty percent: As above plus that bill should be passed by a simple majority by half of the state legislatures in India
• Article 361: 2/3 rd of the total membership of the house

Absolute majority: A bill is said to be passed, if more than 50% of the total strength of the house pass it

Effective Majority : This refers to a majority of more than 50% of the effective strength of the House.

Procedure for amendment of constitution:

• Amendment can be initiated only by the introduction of a bill for the purpose in either house of the Parliament
• The bill can be introduced either by a minister or by a private member and does not require the permission of the President
• The bill must be passed in each house by a special majority , that is, a majority of the total membership of the house and a majority of two-thirds of the members of the house present and voting
• Each house must pass the bill separately. If there is any disagreement, there is no provision for joint sitting of the houses
• If the bill seeks to amend the provisions of the constitution, it must be ratified by the legislatures of half of the states by a simple majority
• After passage of the bill by both the houses, it is presented to the President for his assent
• The president must give his assent to the bill. He can neither withhold his assent to the bill nor return the bill for reconsideration of the Parliament
• After the President’s assent, the bill becomes an act

Criticism of the amending procedure

• An amendment can be invoked in the Parliament only
• The procedure is very rigid if a private member of the parliament wants to move a constitutional amendment bill
• Vesting of even the constituent power in the Parliament gives the ruling party a greater probability to pass amendments if they have requisite numbers in both the Parliament. This might result in bills being passed in a hasty manner
• The consent of the states is limited to just a few provisions
• No time frame has been prescribed in the constitution for states to ratify or reject the amendment bill.

Various Provisions and Types of Majority Required

Recent Important Constitutional Amendments:

Conclusion:

What we must realize is that the constitution is the backbone of this democracy. While it was revolutionary of the fathers of our constitution to provide provisions to amend the constitution, it is essential that such provisions are not misused. Misuse could result in excessive power of the legislative or the executive which could tear the fabric of our democracy.

Examine the limitations in amending any part of the Indian constitution. (250 words)

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UPSC Key | 3rd May, 2024 — Article 361, Diplomatic Visa, Manipur and more

Exclusive for subscribers from monday to friday: how are article 361 and diplomatic visa relevant to the upsc exam what significance do topics like domestic violence and indian spies have for the preliminary and main exams you can learn more by reading the indian express upsc key for may 3, 2024..

Important topics and their relevance in UPSC CSE exam for May 3, 2024. If you missed the May 2nd, 2024 UPSC CSE exam key from the Indian Express, read it here. 

🚨  The Indian Express  UPSC Essentials brings to you the  April  edition of its monthly magazine.  Click Here  to read. Share your views and suggestions in the comment box or at manas.srivastava@ indianexpress.com 🚨

Manipur marks one year of conflict: Counting the cost—amid tears

Preliminary Examination: Current events of national and international importance

Mains Examination: GS-II, GS-III: Governance, Internal Security

What’s the ongoing story- A call to observe May 3 as ‘Kuki-Zo Awakening Day’, a ‘condolence service’ in Churachandpur, a meeting on ‘365 days of Chin-Kuki Narco Terrorist Aggression’ in Imphal — different groups in Manipur will mark one year of ethnic conflict in the state in different ways Friday, a reminder of just how deep the faultlines still remain.

Prerequisites:  

— What are the reasons for insurgency in Manipur?

— Who are Meiteis, Kuki-Zos and Nagas?

— How is the situation in Manipur now?

Key takeaways: 

— Patricia Mukhim in the Idea Page writes: “ The communities in Manipur — the Meiteis, Kuki-Zos and Nagas — are Tibeto-Burmans, believed to have migrated from the northwestern frontiers of China. They first settled in present-day Myanmar before migrating to what is today Manipur.”

— “This history is, however, contested — the Meiteis claim to be indigenous to Manipur and regard the Kuki-Zos as interlopers. The Nagas of Manipur claim to be indigenous to the state’s hill regions.”

— “Landholding patterns, much of which are a product of colonial rule, add to the state’s complexity — the tribal communities are spread over the hill areas, while the Meteis are concentrated in Imphal Valley.”

— “ Political discourse in the state often skims the surface of deep faultlines. It takes the form of a “them versus us” binary with the Meiteis blaming the Kuki-Zos of being illegal migrants and poppy growers, responsible for the drug abuse amongst a large section of Manipur’s youth. The hill tribes accuse successive state governments of forcing them to the margins of development.”

— “The state’s poor economic status adds to people’s anxieties — after UP and Bihar, Manipur has the third lowest per capita income in the country. Urban poverty is the highest in the state. Economic anxieties often manifest in animosity between communities.”

— “Manipur needs a calming hand. It needs a leadership that can bring Meiteis and the Kuki-Zos to the talking table. But a year has passed and there are no visible signs of peace-building.”

For Your Information:  

— Ethnic tensions between the hill communities and the Meiteis have existed from the time of the erstwhile kingdom, but the friction started escalating with the advent of the Naga national movement in the 1950s, and the call for an independent Naga nation. 

— The Naga insurgency was countered by the rise of insurgent groups among the Meiteis and Kuki-Zomi.

— In the 1990s, as the NSCN-IM pushed harder for self-determination, the Kuki-Zomi groups began to militarise, and the Kukis launched their own movement for ‘Kukiland’ — unlike the Naga movement, however, the Kuki-Zomi demand was for a state within India, not a separate national homeland.

— The Naga and Kuki movements fuelled Meitei nationalism, and numerous groups sprung up in the valley. Concerns over demographic change and shrinking of traditional Meitei areas started to surface in the 1970s. There were some demands for Scheduled Tribe status for Meiteis, but the discourse remained largely muted.

Points to Ponder: 

— What are the steps taken by the government to develop trust between Meitei and Kuki?

— Role of the civil servant in dealing with the humanitarian crisis.

— What are the other ethical issues in north-east India?

— How to counter-insurgency while ensuring development in the region?

Post Read Question:

“The faultlines in Manipur have only deepened since the violence broke.” What immediate steps need to be taken by all the stakeholders to ensure peace and harmony in the region?

Other Important Articles Covering the same topic:

Manipur’s ethnic faultlines: Kuki-Meitei divide & recent unrest

Art 361: Immunity shield until Governor in office

Preliminary Examination: Indian polity and Governance- Constitution, Rights Issues.

Mains Examination: GS-II: Governance, Constitution, Polity, Constitution of India- features, amendments, significant provisions and basic structure , Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

What’s the ongoing story- Even as a complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose, Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.

— What is Article 361 of Indian Constitution?

— What are the provisions related to the Governor in the Indian Constitution?

— How does the role of the governor differ from that of the President in terms of their constitutional positions?

— Office of Governor-know the historical background

— Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties…”

— The provision also has two crucial sub-clauses: (1) that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office. (2) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

— In the landmark 2006 ruling in Rameshwar Prasad v Union of India, that outlined the immunity enjoyed by the Governor “even on allegation of personal malafides,” the Supreme Court held that “the position in law, is that the Governor enjoys complete immunity.”

— “Governor is not answerable to any Court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties,” the Court said. The ruling is indeed not for criminal complaints but for exercising discretionary constitutional powers.

— What are the challenges associated with the Governor’s office? 

— What constitutional reforms are suggested by various committees and the Supreme Court regarding the office of Governor?

( Thought Process: Administrative Reforms Commission of 1968, the Rajamanar Committee of 1969, the Sarkaria commission of 1988 and Punchhi Commission-What were their recommendations in the context of role of Governor?.)

— What is role of governor in legislative procedure in state legislature?

Consider the following statements: (2018)

1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.

2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Which of the statements given above is/are correct?

(c) Both 1 and 2

(d) Neither 1 nor 2

Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

Explained: Governor’s powers, friction with states, and why this happens often

The 360° UPSC Debate | Does India really need state Governors?

Prajwal’s flight: How diplomatic passports, visa regimes work

Preliminary Examination: Current events of national and international importance.

Mains Examination:  GS-II: Governance, Constitution, Polity, Social Justice, and International Relations. 

What’s the ongoing story- After allegations of sexual abuse by Janata Dal (Secular) MP Prajwal Revanna came to light, the politician fled to Germany on a diplomatic passport. The Ministry of External Affairs (MEA) on Thursday (May 2) said that no visa note was issued to Revanna — but to travel to Germany , he did not need one. Here is why.

— What is a diplomatic passport? 

— Who issues diplomatic passports and to whom in India?

— What is the Henley Passport Index? What is India’s rank in it?

— Are there other passport indices?

— Unlike normal passports, which have dark blue covers and are valid for 10 years (for adults), diplomatic passports have maroon covers, and are valid for five years or less. Holders of such passports are entitled to certain privileges and immunities as per the international law, including immunity from arrest, detention, and certain legal proceedings in the host country.

— The MEA’s Consular, Passport & Visa Division issues diplomatic passports (‘Type D’ passports) to people falling in broadly five categories: those with diplomatic status; government-appointed individuals travelling abroad for official business; officers working under the branches A and B of the Indian Foreign Service (IFS), normally at the rank of Joint Secretary and above; and relatives and immediate family of officers employed in IFS and MEA.

— Diplomatic passports are also issued to “select individuals who are authorized to undertake official travel on behalf of the government”. This includes union ministers and MPs who often travel abroad representing the government. The validity of these passports is concurrent with the term of the MP.

— According to the latest bulletin issued by the Rajya Sabha Secretariat, “Members, when using a diplomatic passport, are required to apply for prior political clearance directly to MEA.

— As per the Passport Act 1967, the passport authority may impound or revoke a passport if the holder is in wrongful possession, or if it was obtained by the suppression of material information; or if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, or friendly relations of India with any foreign country. It can also be revoked if the holder has, after the issue of the passport, been convicted by a court in India….

— Germany is among the 34 countries with whom India has operational visa exemption agreements for holders of diplomatic passports. According to a reciprocal deal signed in 2011, holders of Indian diplomatic passports do not require a visa to visit Germany, provided their stay does not exceed 90 days.

— India also has agreements with 99 other countries wherein apart from diplomatic passport holders, even those holding service and official passports can avail operational visa exemption for stays upto 90 days. Countries in this list include Bahrain, Brazil, Egypt, Hong Kong, Oman, Singapore, and the United Arab Emirates.

— What is the Passport Act 1967?

— What is the difference between Visa on Arrival and  Visa-Free Access?

— What do you understand by visa exemption?

Consider the following statements with regard to the Henley Passport Index for 2024:

1. It is curated by Henley & Partners.

2. India has been ranked 85th in the Henley Passport Index 2024.

(c) Both 1 and 2 

The world’s most powerful passports in 2024: Here is where India stands

Explained: What Henley Passport Index tells us about mobility of an Indian passport

How to decide domestic violence damages: injury or ability to pay?

Preliminary Examination: Indian Polity and Governance- Constitution, Rights Issues. 

Mains Examination: GS-I: Role of women and women’s organisation, associated issues, Social empowerment.

What’s the ongoing story- Should the quantum of compensation in a case of domestic violence be determined by the degree of violence suffered by the victim or the ability of the perpetrator to pay? This is the question before the Supreme Court, which issued notice in the case last week.

— What do you understand by domestic violence against women?

— Read about the crime against women in India.

— What articles of the Indian Constitution are related to gender equality and women?

( Thought Process: Read articles 14, 15, 16, 21, 39, 39(A), 42, 51 A (e), Reservation of Seats for Women in Panchayats and Municipalities.)

— The petitioner has moved the top court against orders passed by the Bombay High Court and the trial court directing him to pay Rs 3 crore to his wife under Section 22 of The Protection of Women from Domestic Violence Act, 2005. (DV Act). 

— The DV Act is intended to “provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto”.

— Under Section 3 of the Act, “any act, omission, commission or conduct of the respondent” that “harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse”, constitutes domestic violence.

— “Harass[ing], harm[ing], injur[ing] or endanger[ing] the aggrieved person…to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security” also amounts to domestic violence.

— What are the factors that contribute to domestic violence?

— What is the Protection of Women from Domestic Violence Act, 2005?

— What is the compensation, relief under the Domestic Violence Act?

— What legal frameworks are in place in India to address and combat domestic violence?

— What are the global initiatives to eliminate discrimination and violence against women?

— What are the government’s initiatives for promoting women’s empowerment?

— What are the issues related to women?

‘Beijing Declaration and Platform for Action’, often seen in the news, is (2015)

(a) a strategy to tackle the regional terrorism, an outcome of a meeting of the Shanghai Cooperation Organization

(b) a plan of action for sustainable economic growth in the Asia-Pacific Region, an outcome of the deliberations of the Asia-Pacific Economic Forum

(c) an agenda for women’s empowerment, an outcome of a World Conference convened by the United Nations

(d) a strategy to combat wildlife trafficking, a declaration of the East Asia Summit

We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. (2014)

Domestic Violence Act applicable to all women irrespective of religion, social background: Delhi High Court

The global spy game

Mains Examination: GS-II, III: International relations, internal security

What’s the ongoing story- On Tuesday (April 30), the Australian Broadcasting Corporation (ABC) reported that “Indian spies” had been “kicked out of Australia” after being caught trying to steal secrets about sensitive defence projects and airport security, as well as classified information on Australia’s trade relationships”.

— What is the Five Eyes intelligence-sharing network?

— What is QUAD grouping?

— What is Arthashastra diplomacy?

— New Delhi has described the reports in the Australian media as “speculative”. The government of Australia has not confirmed the claims published in the media.

— The British historian Christopher Andrew, author of The Secret World: A History of Intelligence (2018), noted that “The Arthashastra was the first book anywhere in the world to call for the establishment of a professional intelligence service”, and one that “envisaged the world’s first fully organised surveillance state”.

— Vikram Sood has written in his book The Unending Game: A Former R&AW Chief’s Insights into Espionage (2018) that “intelligence is that secret activity conducted at the behest of the government that provides it with advance knowledge to take suitable decisions relating to the security of a nation and national interests”.

— A former Indian official said: “All states spy, but all states are also expected to show annoyance when spied upon.”

— The Post reported on 29th April an R&AW official identified as Vikram Yadav was involved in the assassination plot of Gurpatwant Singh Pannun in the US and the move was approved by the then Indian spy agency chief Samant Goel. 

— Pannun is one of the main leaders of the Khalistan movement and the legal advisor and spokesperson for the banned outfit Sikhs for Justice (SFJ), which aims to promote the idea of a separate Sikh state. The Indian government has declared Pannun a terrorist.

— What is national interest?

— Significance of intelligence sharing agreement with other nations

— Developing story in India and Canada relations

Which of the following nation is not a part of Five-eye alliance?

(a) United States

(c) Australia

India-Canada stand-off: What is the Five Eyes Alliance, which helped ‘lead’ Canada PM Trudeau to claims on Nijjar’s death?

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The Ideas Page

A system that heals.

Preliminary Examination: Economic and Social Development

Mains Examination: GS-II: Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources

What’s the ongoing story- Vinod K Paul writes: The National Health Policy (NHP) 2017 envisions universal access to quality and affordable healthcare. The nation’s commitment to increasing public expenditure on health in recent years is evident from the National Health Accounts (NHA) data, including the provisional estimates for 2020-21 and 2021-22.

— What is the National Health Policy?

— What is Primary healthcare?

— What is out-of-pocket expenditure?

— Various schemes of the government: Ayushman Bharat Pradhan Mantri Jan Arogya Yojna (AB PMJAY), Pradhan mantri national Dialysis Programme, Ayushman Arogya Mandirs, Aushadhi Kendras, Jal Jeevan Mission, Swachh Bharat Mission,  Pradhan Mantri Swasthya Suraksha Yojana, and Pradhan Mantri Ayushman Bharat Infrastructure Mission.

— “According to the NHA data,  government health expenditure (GHE) as a proportion of GDP increased by an unprecedented 63 per cent between 2014-15 and 2021-22. It rose from 1.13 per cent of GDP in 2014-15 to 1.35 per cent in 2019-20.”

— “The expenditure on government-financed insurance has increased 4.4 fold from Rs 4,757 crore in 2013-14 to Rs 20,771 crore in 2021-22. This reflects rising investments in the AB-PMJAY and state health assurance/insurance schemes.”

— “There has been a consistent decline in Out-of-Pocket Expenditure (OOPE) as a share of the total health expenditure — it dropped from 62.6 per cent to 47.1 per cent between 2014-15 and 2019-20.”

— “Drugs and diagnostics are a major driver of out-of-pocket spending. Free drugs and diagnostics services in facilities, including those at over 1,69,000 AAMs and Health and Wellness Centres have led to major financial savings for families.”

— “Today, through more than 10,000 Jan Aushadhi Kendras, over 1,900 quality generic medicines and nearly 300 surgical items are being sold at a low cost in practically all the districts.”

— “Safe drinking water and sanitation have remarkable positive health effects. As per a WHO report, once tap water is made available in every rural household, it would save four lakh lives over five years.”

— “The rising trends in public health expenditure and a steady decrease in OOPE alongside increasing shares of GHE and social security schemes on healthcare, indicate a move towards a more progressive health system.”

— As many as 43 per cent of insurance policyholders had difficulties processing their “health insurance” claims in the past three years on an aggregate basis, says a survey.

— Six major issues faced by policy holders include lack of full disclosure about exclusions and eligibility for claims in their policies; ambiguity in contracts due to use of technical jargons and complex words; claims rejected due to pre-existing disease; eligibility other than the preexisting disease and crop insurance rules tied to the scheme.

— How non-communicable diseases (NCDs) has become a challenge for India?

— What is the status of health insurance in India?

— What is government health expenditure in primary, secondary, and tertiary care?

— How does India fare with other countries in terms of GDP expenditure of the health sector?

“India’s health system is on the reform-perform-transform path to make Universal Health Coverage a reality.” Critically Analyse.

What the latest National Health Account figures say about India’s healthcare sector

Healthcare in India has made great progress, but challenges remain

Express Network

Sc reserves 33% seats for women in bar association committee.

Preliminary Examination: Indian Polity and Governance

Mains Examination: GS-II: Governance, Constitution, Polity, Social Justice

What’s the ongoing story- The Supreme Court on Thursday reserved one-third of the seats in the executive committee of the Supreme Court Bar Association (SCBA) for women.

Accordingly, a minimum of 3 out of 9 positions in the Executive Committee and 2 of 6 Senior Executive Member posts will be reserved for women, a bench of Justices Surya Kant and K V Viswanathan directed.

— What is the Supreme Court Bar Association (SCBA)?

— Status of women in the judiciary

— What is reservation?

— It also directed that “at least one post of the Office-Bearer shall be reserved for women candidates exclusively by turn and on rotation basis” and “in the ensuing election for 2024-2025, the post of Treasurer of the Executive Committee is reserved for women”. 

— The bench clarified that the “reservation is only to guarantee a minimum and women members of the SCBA, subject to their eligibility, shall be entitled to contest the election for all the posts in the Executive Committee”.

— The latest India Justice Report (IJR) points out that the gender gap remains wide in each of the subsystems that make up the justice delivery system — police, judiciary, prisons, legal aid, and human rights commissions.

— A quick, back-of-the-envelope estimation shows there are only about three lakh women in the justice delivery system. Quotas have helped them get in, but even when they are included, inevitably, women’s place remains restricted to the lower echelons: If 35 per cent of subordinate judges are women, the number comes down to 13 per cent in the high courts. In the Supreme Court today, there are only three women judges.

— Until now, there has been no woman Chief Justice of India. The first woman judge on the Supreme Court bench was Justice Fathima Beevi in 1989. In the high courts too, in over seven decades there have been only 16 women chief justices. So leading by example is not on the cards.

— Research across the world shows that the induction of women — and indeed other diversities- into male-dominated mono-cultural institutions changes the internal dynamic and public response for the better.

— Justice requires that it is not women who must twist and turn to be more like men to be able to “fit into” institutions. Mono-cultural male dominant institutional sub-cultures must acknowledge that they will always be sub-par when they are gender imbalanced.

— What is the representation of women in the Indian judiciary system?

— What is the representation of women in the Indian Legislative system?

— What is the Constitution (106th Amendment) Act, 2023?

— Can the reservation be used as a solution in the Indian Judiciary system?

— Why is there a lack of Indian women’s representation in the judiciary?

— What is the step forward?

When is the International Day of Women Judges celebrated?

(a) March, 10

(b) May, 22

(c) July, 30

(d) November, 26

Discuss the issues related to women’s representation in the judiciary and suggest measures to ensure the inclusiveness of women in the judiciary system.

Can a justice system without women bring justice to women?

Does the Indian judiciary have a ‘patriarchy problem’?

The Vishwa Bandhu

Preliminary Examination:  Current events of national and international importance, economic development.

Mains Examination: GS-II, GS-III: Governance, Constitution, and International Relations, Effect of policies and politics of developed and developing countries on India’s interests, Economic Development. 

What’s the ongoing story- S. Jaishankar writes- “ The pathway to reaching the goal of Viksit Bharat in the next 25 years will have many requirements. To begin with, it needs a vision for the nation and equally, the ability to deliver it on the ground…Steady advancement and continuing reform are also possible only in a climate of political stability. That alone would enable policy prescriptions of a long-term nature to be conceptualised and implemented…But one crucial facet will be the international environment and its ability to throw up both opportunities and challenges for Viksit Bharat. ”

— What do you understand by the term “Vishwa Bandhu Bharat”?

— What is Make in-India Programme?

— What is  IMEC corridor?

Key takeaways:  S. Jaishankar writes- 

— Ideally, countries formulate their foreign policy as best leveraging the world with a view to promote their national development. The targets are often increasing access to resources, markets, technologies and best practices. 

— If India is to emerge as a leading power, it must develop deep national strengths. Much of that will emanate from expanding manufacturing as that serves as the foundation for technology.

— It is essential that we plan to leapfrog, especially in regard to critical and emerging technologies. This is best achieved through strong international collaboration built on trust and comfort. 

— In a polarised and suspicious world, those doors can only be opened by effective diplomacy. The international economy is right now in the midst of rebuilding its supply chains and ensuring more reliable manufacturing. This is most starkly evident in competitive domains like semiconductors, electric mobility and green technologies. It is only a Vishwa Bandhu that can ensure that India is fully embedded in these networks.

— In a world where everything is being weaponised, India too has to ensure that its basic needs and critical infrastructure are nationally developed. That is why ‘Make in India’ is so vital, not just for our economy but even for national security. 

— What is INSTC?

— How do domestic affairs shape the foreign policy of a nation?

— What are the government initiatives aimed at promoting the Indian manufacturing sector?

— What is indigenization of defense?

— Organisations to look for:  Quad, BRICS, I2U2, SCO or East Asia Summit

What is/are the recent policy initiative(s) of Government of India to promote the growth of manufacturing sector? (2012)

1. Setting up of National Investment and Manufacturing Zones

2. Providing the benefit of ‘single window clearance’

3. Establishing the Technology Acquisition and Development Fund

Select the correct answer using the codes given below:

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

“Here is my first principle of foreign policy: Good government at home.” Analyse. 

( Thought Process: The domestic affairs of a nation play a significant role in shaping its foreign policy. How do they provide the impetus for the state to determine its foreign policy or simply how are they interdependent? How does the domestic political climate shape external relations? Elaborate with reference to essays and GS-II.)

Viksit Bharat must also be inclusive Bharat

UPSC Ethics and Essay Snippet

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“Food is not rational. Food is culture, habit, craving and identity.”

– Jonathan Safran Foer

( Thought Process: Food is not just a source of nutrition, but it also provides an emotional and cultural experience. However, with the increasing prevalence of food-related health problems such as obesity, heart diseases, and weight-related issues, should our dietary choices be driven by rationality or are we still influenced by cravings, culture, and identity? Although diets like gluten-free or sugar-free may have health benefits, can they overcome the emotional attachment to traditional foods?  Is it about striking a balance, enjoying in moderation, and embracing our emotional and cultural connections with food? Don’t forget to ponder on ‘food is culture’ and ‘food is identity’. Elaborate. Also Read:  Let them eat bread )

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• Need For A Uniform Civil Code In A Secular India

Uniform Civil Code - Challenges, Suggestions & Debate On UCC [UPSC Notes]

Uniform Civil Code resonates with one country one rule, to be applied to all religious communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” 

Uniform Civil Code – Indian Polity Download PDF Here

Context : Uniform Civil Code in India is a widely debated topic lately since the first petition was filed in 2019 to seek for framing of a UCC to promote national integration and gender justice, equality, and dignity of women.

Questions from it can be asked in the IAS Exam in Prelims, Mains GS-1 (Indian Society), GS-II (Governance), and also Essay papers. This article is an essay on the Uniform Civil Code in India. It talks about the challenges and suggestions in its implementation, part IV of Article 44 of the constitution and debates associated with uniform civil code.

Table of Contents:

Uniform Civil Code – UCC

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.

They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.

What is Article 44?

Article 44 corresponds with Directive Principles of State Policy stating that State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.

Uniform Civil Code Debate

Historical perspective – The debate for a uniform civil code dates back to the colonial period in India.

• The Lex Loci Report of October 1840- It stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
• The Queen’s 1859 Proclamation- It promised absolute non-interference in religious matters.

So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.

• During the drafting of the constitution, prominent leaders like Jawaharlal Nehru and Dr B.R Ambedkar pushed for a uniform civil code. However, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.

Some of the reforms of this period were:-

The Hindu code bill -The bill was drafted by Dr.B R Ambedkar to reform Hindu laws, which legalized divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.

Succession Act- The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005

The Hindu Marriage Act

Minority and Guardianship Act

Adoptions and Maintenance Act

Special Marriage Act:

• It was enacted in 1954 which provided for civil marriages outside of any religious personal law.
• Judicial interventions:

Shah Bano case (1985) :-

A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq (saying “I divorce thee” three times) and was denied maintenance. She approached the courts and the District Court and the High Court ruled in her favour. This led to her husband appealing to the Supreme Court saying that he had fulfilled all his obligations under Islamic law.

The Supreme Court ruled in her favour in 1985 under the “maintenance of wives, children and parents” provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, It recommended that a uniform civil code be set up.

Facts about the case:

• Under Muslim personal law, maintenance was to be paid only till the period of iddat. (three lunar months-roughly 90 days ).
• Section 125 of CrPC (criminal procedure code) that applied to all citizens, provided for maintenance of the wife.

Impact – After this historic decision, nationwide discussions, meetings and agitations were held. The then government under pressure passed The Muslim Women’s (Right to protection on divorce ) Act (MWA) in 1986, which made Section 125 of the Criminal Procedure Code inapplicable to Muslim women.

Daniel Latifi Case:-

Muslim Women’s Act (MWA) was challenged on the grounds that it violated the right to equality under Articles 14& 15 as well as the right to life under Article 21. The Supreme Court while holding the law as constitutional, harmonised it with section 125 of CrPC and held that the amount received by a wife during iddat period should be large enough to maintain her during iddat as well as provide for her future. Thus under the law of the land, a divorced Muslim woman is entitled to the provision of maintenance for a lifetime or until she is remarried.

Sarla Mudgal Case:-

In this case, the question was whether a Hindu husband married under the Hindu law, by embracing Islam, can solemnise a second marriage. The court held that the Hindu marriage solemnized under Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act 1955. Conversion to Islam and marrying again, would not by itself dissolve the Hindu marriage under the act and thus, a second marriage solemnized after converting to Islam would be an offence under section 494 of the Indian Penal Code (IPC).

John Vallamattom Case:-

In this case, a priest from Kerala, John Vallamattom challenged the Constitutional validity of Section 118 of the Indian Succession Act, which is applicable for non-Hindus in India. Mr Vallamatton contended that Section 118 of the act was discriminatory against Christians as it imposes unreasonable restrictions on their donation of property for religious or charitable purposes by will. The bench struck down the section as unconstitutional.

Candidates who are preparing for UPSC 2024 , may check the linked article to know more about the upcoming IAS exam, its pattern, syllabus and more.

Related links:

The Constitution of India on the Uniform Civil Code

Part IV, Article 44 of the Constitution states that “The State shall endeavour to secure the citizen a Uniform Civil Code throughout the territory of India”.

However, Article 37 of the Constitution itself makes it clear the DPSP “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates that although our constitution itself believes that a Uniform Civil Code should be implemented in some manner, it does not make this implementation mandatory.

The candidates can read  IAS Topper strategies to align their preparation accordingly and be updated with tips and guidelines.

Other constitutional provisions relating to religious freedom and secularism are:

• Article 15- No discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 25- Freedom of conscience and free profession, practice and propagation of religion, subject to reasonable restrictions on the grounds of public order, health and mortality.
• Article 25 (2)-provides for regulating secular activities associated with religious practices, social welfare and reform.
• Article 26- Right to establish and administer religious institutions.
• Article 27- Prohibits the state from levying a tax, proceeds of which are used for the benefit of a particular religion.
• Article 28- deals with the issue of religious instruction in educational institutions.

The 42nd Constitutional Amendment Act inserted the word ‘secularism’ in the preamble. In the S.R.Bommai vs Union of India case, the Supreme Court held secularism as a basic feature of the constitution.

Goa Civil Code

Goa is the only Indian state to have a UCC in the form of common family law. The Portuguese Civil Code that remains in force even today was introduced in the 19th century in Goa and wasn’t replaced after its liberation.

• The Uniform Civil Code in Goa is a progressive law that allows equal division of income and property between husband and wife and also between children (regardless of gender).
• Every birth, marriage and death have to be compulsorily registered. For divorce, there are several provisions.
• Muslims who have their marriages registered in Goa cannot practice polygamy or divorce through triple talaq.
• During the course of a marriage, all the property and wealth owned or acquired by each spouse is commonly held by the couple.
• Each spouse in case of divorce is entitled to half of the property and in case of death, the ownership of the property is halved for the surviving member.
• The parents cannot disinherit their children entirely. At least half of their property has to be passed on to the children. This inherited property must be shared equally among the children.

However, the code has certain drawbacks and is not strictly a uniform code. For example, Hindu men have the right to bigamy under specific circumstances mentioned in Codes of Usages and Customs of Gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). For other communities, the law prohibits polygamy.

Uniform Civil Code and Arguments For & Against

Arguments in favour of the Uniform Civil Code:

• It will Integrate India- India is a country with many religions, customs and practices. A uniform civil code will help in integrating India more than it has ever been since independence. It will help in bringing every Indian, despite his caste, religion or tribe, under one national civil code of conduct.
• Will Help in Reducing Vote Bank Politics- A UCC will also help in reducing vote bank politics that most political parties indulge in during every election.
• Personal Laws Are a Loophole- By allowing personal laws we have constituted an alternate judicial system that still operates on thousands of years old values. A uniform civil code would change that.
• Sign of a modern progressive nation- It is a sign that the nation has moved away from caste and religious politics. While our economic growth has been significant, our social growth has lagged behind. A UCC will help society move forward and take India towards its goal of becoming a truly developed nation.
• It will Give More Rights to Women- Religious personal laws are misogynistic in nature and by allowing old religious rules to continue to govern the family life we are condemning all Indian women to subjugation and mistreatment. A uniform civil code will also help in improving the condition of women in India.
• All Indians Should be Treated the Same- All the laws related to marriage, inheritance, family, land etc. should be equal for all Indians. UCC is the only way to ensure that all Indians are treated the same.
• It Promotes Real Secularism- A uniform civil code doesn’t mean that it will limit the freedom of people to follow their religion, it just means that every person will be treated the same and all citizens of India have to follow the same laws regardless of any religion.
• Change has been the law of nature-A minority of people should not be allowed to pick and choose the laws they want to be administered under. These personal laws were formulated in a specific spatiotemporal context and should not stand still in a changed time and context.
• Many provisions of specific personal laws are in violation of human rights.
• Article 25 and Article 26 guarantee the freedom of religion and UCC is not opposed to secularism.
• The codification and unification of the variegated personal laws will produce a more coherent legal system. This will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary.

Uniform Civil Code – Challenges in its Implementation

UCC is a debated-topic and forms an important part of UPSC Current Affairs which aspirants can check in the linked article.

The task of actually devising a set of rules that will govern all communities is a very formidable and tedious one considering the vast range of interests and sentiments to be accounted for.

• Misinformation about UCC – Content of UCC has not been spelt out leading minorities to believe that it is a way of imposing majority views on them.
• Lack of political will due to the complexity and sensitivity of the issue.
• Different religious communities have different personal laws which lead to the politicization of the UCC debate.

Opponents of UCC argue that personal laws are derived from religious beliefs. They maintain that it is prudent not to disturb them, as this runs the risk of engendering a great deal of animosity and tension between various religious communities. Also, India being a secular country guarantees its minorities the right to follow their own religion, culture and customs under Article 29 and 30. They argue that implementing UCC will contravene these articles.

Suggestions for Implementing a Uniform Civil Code:

To realize the goals of the DPSP and to maintain the uniformity of laws, the following suggestions need immediate consideration:

• A progressive and broadminded outlook should be encouraged among the people to understand the spirit of the UCC. For this, education, awareness and sensitisation programmes must be taken up.
• The Uniform Civil Code should be drafted keeping in mind the best interest of all the religions.
• A committee of eminent jurists should be constituted to maintain uniformity and care must be taken not to hurt the sentiments of any particular community.
• The matter being sensitive in nature, it is always better if the initiative comes from the religious groups concerned.

The Way Forward for UCC: Gradual Change

India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.

Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with dignity, something which personal laws have so far failed to do.

How to Approach UCC for Civil Services Examination

For Prelims:

Polity- religion, secularism, personal laws, etc.

For Mains: General Studies Paper-II

• Indian polity

Aspirants can get GS-II related articles from the table below:

Practice Questions for UCC

Sample questions are given below:

Prelims Paper I-

• Part IV of the constitution deals with the uniform civil code
• Uniform civil code has been recommended to ensure national integration.
• Goa is the only state in India to have some form of uniform civil code
• Part IV of the constitution is justiciable in nature

Essay Paper-

• The Need for a Uniform Civil Code in a Secular India.

General Studies Paper-II –

• Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the directive principles of state policy.
• There is no necessary connection between religion and personal laws on the one hand and civil laws and personal laws are different on the other. In this context discuss the need for a uniform civil code and the different challenges associated with this.

UPSC aspirants should read more about various laws and constitutional amendments for IAS 2023. It would be beneficial to refer to NCERT Books on the subject. The concepts learnt should be linked to current affairs for the exam.

UPSC Questions Related to Uniform Civil Code

What is the meaning of civil code.

A civil code is a systematic collection of laws designed to deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices.

What is the Article 44?

Article 44 of the Indian Constitution defines a Uniform Civil Code. Article 44 says, ‘The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.’ The article is a part of the Directive Principles of State Policy.

Why does Goa have a uniform civil code?

The Goa Civil Code, also known as the Goa Family Law, was introduced in 1870 by the Portuguese who were ruling the state. After the liberation of Goa in 1961, the civil code was retained.

When was the Hindu code bill passed?

The Hindu Code Bills are a set of laws that were passed in the 1950s.

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