Current Affairs Reverse Engineering
Care (6-02-2024)
| News at a Glance
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| National – Role of a Whip in State Assemblies and Parliament
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| International – Northern Ireland’s political deadlock ends |
| Science and technology- Cape Verde eliminates Malaria
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| Economy– Repo rate likely to remain unchanged for the sixth time
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| National- Role of Central Investigative Agencies |
| Uttarakhand cabinet clears Uniform Civil Code
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Role of a Whip in State Assemblies and Parliament
Source: Financial express
Context: Understanding the Role of a Whip in State Assemblies and Parliament
UPSC Syllabus Relevance: GS 2 (Parliament, Federalism, State Legislature, Judiciary)
Why in news
- In a recent development, a major political party has issued a three-line whip to its Lok Sabha MPs, demanding their presence in the House for an important event.
What is a Whip
- A whip, in parliamentary terms, is a written order that mandates party members to be present for crucial votes and directs them to vote in a particular way.
- This practice originated from the British tradition of “whipping in” lawmakers to follow the party line.
Appointment and Types of Whips
- All political parties in India have the authority to issue whips to their members.
- A Chief Whip, assisted by additional Whips, is appointed from among the senior members of each party’s House contingent.
- Various types of whips are issued based on the importance of the occasion and the level of commitment required from the members.
- One-line Whip: A one-line whip, underlined once, is usually issued to inform party members about a vote and allows them to abstain if they choose not to follow the party line.
- Two-line Whip: A two-line whip directs party members to be present during the vote, indicating the significance of their attendance.
- Three-line Whip: A three-line whip is the strongest type of whip and is employed during critical events such as the second reading of a Bill or a no-confidence motion.
- It obligates members to toe the party line, and defiance can put their membership of the House at risk.
Defiance of Whip and Legal Implications:
- In India, rebelling against a three-line whip can lead to disqualification from the House under the anti-defection law.
- The Speaker/Chairperson has the authority to disqualify a member, except when more than one-third of legislators vote against a directive, effectively splitting the party.
Related Legal Cases
- Kihoto Hollohan vs. Zachillhu case (1992): The Supreme Court clarified that the Tenth Schedule of the Constitution, which deals with disqualification on grounds of defection, is limited to votes on matters integral to party policies or motions of confidence or no-confidence in the government.
- Rajendra Singh Rana vs. Swami Prasad Maurya and Others (2007): The Supreme Court ruled that a whip cannot be issued on a private member’s bill, as these bills are introduced by individual members, not the party.
- Jagjit Singh vs. State of Haryana (2006): The Supreme Court held that the power to issue a whip is subject to judicial review. While parties can take disciplinary action against members who defy a whip, such action must follow the principles of natural justice and cannot be arbitrary or discriminatory.
Historical Background
- The concept of the whip in India is rooted in the practices inherited from colonial British rule.
- Although not mentioned in the Constitution or parliamentary rules, the office of the whip is based on the conventions of parliamentary government.
Comparison with Other Democracies
- In the United States, the party whip plays a role in determining the level of support for a bill among legislators and tries to persuade them to vote according to the party line.
- In the United Kingdom, violating a three-line whip is taken seriously and can result in expulsion from the party, though the member can continue as an independent until readmission.
About Anti-Defection Law
- The Tenth Schedule of the Indian Constitution, also known as the anti-defection law, was introduced to prevent political defections.
- It disqualifies legislators who voluntarily give up their party membership or vote against their party’s direction. However, exemptions are provided in cases of merger between political parties.
Decision-Making Authority
- The Chairman/Speaker of the House has the power to decide on disqualification based on the recommendations made under the anti-defection law.
Conclusion
- Whips play a crucial role in state assemblies and parliaments, ensuring party discipline and influencing voting outcomes. The anti-defection law reinforces the importance of party loyalty while allowing for exceptions in specific cases.
- Understanding the role of a whip helps shed light on the functioning of legislative bodies and the dynamics of party politics.
| CARE MCQ | UPSC PYQ |
| Q1. Consider the following statements:
1. A whip refers to a written or verbal order issued by an election commission to national party . 2. The term “whip” originated from the British practice of “whipping in” lawmakers to ensure party discipline.
Which of the statement given above is/are incorrect? A. 1 only B. 2 only C. 1 and 2 D. Neither 1 nor 2
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Q. With reference to anti-defection law in India, consider the following statements: (UPSC Prelims 2022)
1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 2. The law does not provide any time frame within which the presiding officer has to decide on a defection case.
Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 Answer: B
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| Answer 2: D
Explanation:
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Northern Ireland’s political deadlock ends
Source: The Hindu
Context: Political crisis after 2022 vote had left Northern Ireland without a functioning administration to make key decisions.
UPSC Syllabus Relevance: GS II (India and the world)
Why in News
- The leaders of the U.K. and Ireland went to Belfast to meet Northern Ireland’s newly revived government and bask in a good-news moment after two years of political crisis.
Key highlights
- British Prime Minister Rishi Sunak and Irish counterpart Leo Varadkar visited the new administration at Belfast’s Stormont Castle as its ministers met for the first time.
- The Ministers are pressing London for more money to patch up Northern Ireland’s creaking public services.
- Northern Ireland Assembly appointed a power-sharing government after a two-year hiatus sparked when the main British Democratic Unionist Party (DUP) walked out in February 2022.
Opposition
- The Democratic Unionist Party boycotted the administration to protest post-Brexit trading arrangements that it said undermined Northern Ireland’s place in the U.K.
- The party was coaxed into returning after the U.K. promised to eliminate most checks on goods moving to Northern Ireland.
Power sharing rules
- Under power-sharing rules established as part of Northern Ireland’s peace process, the administration in Belfast must include both British unionists and Irish nationalists.
- The U.K. and the Republic of Ireland both have roles as guarantors of the peace.
- The new administration is led by First Minister Michelle O’Neill of Sinn Fein.
Reactions
- The UK government has agreed to give Northern Ireland more than 3 billion pounds (USD 3.8 billion) as part of an incentive to restore the government. Already, the Belfast administration says it’s not enough.
- Mr. Sunak said that “everyone’s priority” was getting the government back up and running. “It is not constitutional change, it is delivering on the day-to-day things that matter to people,” he said.
- Mr. Varadkar, whose government in principle supports a united Ireland, also said the question of reunification was “not for today.”
Growth of Sinn Fein in Northern Ireland
- The rise of the Sinn Fein’s Michelle O’Neill, as the first nationalist First Minister of Northern Ireland, is an indication of how the region’s political landscape is changing.
- If the Sinn Fein, which began as the political arm of the Irish Republican Army (IRA), was on the fringes for decades, it is now a powerful political force in Northern Ireland (part of the U.K.) and the Republic of Ireland (an independent country and European Union member).
- In the 2020 elections, the Sinn Fein won the largest share of votes.
- And in 2022, it emerged as the largest party, with 29% of the vote share, in elections in Northern Ireland, while the pro-U.K. Democratic Unionist Party (DUP) finished second with a 21.3% vote share.
Good Friday agreement
- According to the 1998 Good Friday agreement, which ended three decades of sectarian violence known as the Troubles, Northern Ireland’s government should include representatives of the largest and second largest political blocs (unionists, who are largely Protestants, as well as republican nationalists, who are mostly Catholics).
Chaos after 2022 vote
- After the 2022 vote, Northern Ireland saw chaos with the DUP refusing to join hands with the Sinn Fein to form the government, citing its opposition to the Northern Ireland Protocol, which London had agreed on with Brussels to manage post-Brexit trade between the U.K. and the EU.
- The DUP alleged that the Protocol, which introduced checks on goods being transferred from Britain to the island of Ireland, weakened the union.
Solution to the crisis
- In a realistic assessment of the situation, the DUP decided to return to the power-sharing agreement after London agreed to reduce customs checks on the Irish border and spend some £3 billion in Northern Ireland to steady the region’s finances.
- The Sinn Fein, which campaigned on bread-and-butter issues and promised to address immediate administrative challenges, is now formidable, and delaying the power-sharing agreement will not weaken the nationalists.
- For the Sinn Fein, which is still committed to the unification of the two Irelands, taking over the office of the First Minister is historic.
- After decades of the Troubles followed by political reconciliation, the nationalists are on the ascendant, while the unionists are on the back foot.
| CARE MCQ | UPSC PYQ | ||||||||
| Q2. Consider the following statements:
1. ‘Troubles’ was the name of three decades of sectarian violence in Spain that was ended by 1998 Good Friday agreement.
2. Under power-sharing rules established as part of Northern Ireland’s peace process, the administration must include both British unionists and Irish nationalists.
Which of the statements given above is/are correct? A. 1 only B. 2 only C. Both 1 and 2 D. Neither 1 nor 2 |
Q. Consider the following pairs: (UPSC Prelims 2023)
How many of the above pairs are correctly matched? A. Only one B. Only two C. All three D. None
Answer D |
| Answer 2 B
Explanation
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Cape Verde Eliminates Malaria
Source: : Down to Earth
Context: Cape Verde the third country in Africa to be declared malaria-free, following in the of Mauritius and Algeria
UPSC Syllabus relevance: GS -3 (Health, Malaria and its Eradication, Disease Burden, Measures to Ensure Good Health Outcomes, Government Initiatives)
Why in news
- Cape Verde, an archipelago to the west of Senegal consisting of 10 islands with a population of over 500,000 people, has achieved a significant milestone by being certified malaria-free by the World Health Organization (WHO).
Historical Context and Journey to Malaria Elimination
- Malaria has been endemic in Cape Verde since the settlement of the previously uninhabited islands in the 15th century, affecting all 10 islands before 1950.
- The 1940s saw severe malaria epidemics, resulting in over 10,000 cases and 200 deaths annually until targeted interventions were implemented.
- The country’s journey to eliminating malaria has been marked by significant challenges and achievements.
- Indoor residual spraying with DDT was conducted on each island until transmission ended nationwide in 1967.
- Additionally, larviciding and active case detection were undertaken to combat the disease.
- However, the cessation of indoor residual spraying in 1969 led to a recurrence of local transmission on Santiago Island in 1973, followed by a large epidemic in 1977.
- The second attempt to eliminate malaria started in 1978 and resulted in transmission interruption in 1983.
- By 2006, rising cases threatened tourism, prompting a political decision to boost nationwide elimination efforts.
- This led to a change in the country’s national health policy in 2007, focusing on expanded diagnosis, early and effective treatment, and management of all cases.
- Despite being on track to eliminate malaria, Cape Verde recorded its “worst malaria outbreak” since 1991 in 2017 with 423 cases.
- This outbreak prompted a strategy adjustment, refocusing on vector control and targeting affected neighborhoods and malaria infection-prone communities, successfully interrupting transmission for four years.
Process to Obtain Malaria-Free Certification
- The achievement of malaria-free status highlights the determination and commitment of a nation.
- To reach this goal, countries must meet the WHO’s stringent criteria, including zero indigenous (locally) transmitted cases of malaria for at least three consecutive years and the ability to prevent the reintroduction of disease transmission.
- Only then may countries request certification from the WHO, working with regional offices to develop a certification plan and timeline.
- If a country fails, it can reapply after three years.
- To maintain malaria-free status, countries must continue to prevent transmission and submit annual reports to the WHO.
Predictions for the Next Countries to Achieve Malaria-Free Status
- The WHO’s E-2025 initiative focuses on 25 countries targeting elimination by 2025.
- Belize achieved elimination in 2023, while Malaysia, Timor-Leste, and Saudi Arabia reported zero local transmission for consecutive years, positioning them to potentially be declared malaria-free soon.
- For the first time, both Bhutan and Suriname reported zero indigenous cases in 2022.
- In the African region, several countries reported significant reductions in indigenous transmission in 2022.
- These included Botswana, Eswatini, and South Africa, while the Comoros saw a doubling in cases and São Tomé and Principe noted a 46% increase.
- Despite country efforts, extreme climate events and cross-border movement may impact transmission or recurrence.
Global Malaria Overview
- The 2023 World Malaria Report reveals a global surge with an estimated 249 million cases in 2022, surpassing pre-pandemic levels.
- Twenty-nine countries accounted for 95% of malaria cases globally.
- Four countries, Nigeria (27%), the Democratic Republic of the Congo (12%), Uganda (5%), and Mozambique (4%), accounted for almost half of all malaria cases globally.
India’s Malaria Scenario
- In 2022, India accounted for a staggering 66% of malaria cases in the WHO South-East Asia Region.
- Plasmodium vivax, a protozoal parasite, contributed to almost 46% of cases in the region.
- Despite a 55% reduction in cases since 2015, India remains a significant contributor to the global malaria burden.
- India and Indonesia accounted for about 94% of all malaria deaths in the WHO South-East Asia Region.
About Malaria
- Malaria is a life-threatening mosquito borne blood disease caused by plasmodium parasites.
- There are 5 Plasmodium parasite species that cause malaria in humans and 2 of these species – P. falciparum and P. vivax – pose the greatest threat.
- Malaria is spread by the bite of an infected female Anopheles mosquito.
| CARE MCQ | UPSC PYQ |
| Q3. Consider the following statements:
1. Cape Verde is the first country in world to be declared malaria-free. 2. To be declared a malaria-free country, indigenously transmitted cases of malaria have to be reduced to zero for at least 5 years and recurrence of disease transmission has to be prevented.
Which of the above statements is/are correct? A. Only 1 B. Only 2 C. Both 1 and 2 D. Neither 1 nor 2
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Q. Widespread resistance of malarial parasite to drugs like chloroquine has prompted attempts to develop a malarial vaccine to combat malaria. Why is it difficult to develop an effective malaria vaccine? (UPSC Prelims 2010)
A. Malaria is caused by several species of Plasmodium B. Man does not develop immunity to malaria during natural infection C. Vaccines can be developed only against bacteria D. Man is only an intermediate host and not the definitive host Answer: B
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| Answer 3– D
Explanation –
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Repo rate likely to remain unchanged for the sixth time
Source: Indian Express
UPSC Syllabus relevance: GS III (Monetary Policy, Growth & Development, RBI and its Monetary Policy Tools)
Context: The Monetary Policy Committee of the RBI is expected to keep the repo rate— steady at 6.5 per cent.
Why in news
- The RBI’s Monetary Policy Committee is expected to maintain the repo rate at 6.5% and retain the policy stance as ‘withdrawal of accommodation’ in order to meet the 4% consumer price-based inflation target.
What is RBI expected to do in the upcoming monetary policy?
- The rate-setting panel of the RBI is expected to keep the repo rate – the rate at which RBI lends money to banks to meet their short-term funding needs — steady at 6.5 per cent in the policy decision which will be announced on February 8.
- If the RBI maintains the status quo in the upcoming policy, it would mark one full year of the repo rate remaining steady at 6.5 per cent.
- The central bank last increased the repo rate by 25 basis points (bps) on February 8, 2023, to 6.5 per cent.
- The central bank is also likely to maintain the monetary policy stance as a ‘withdrawal of accommodation’, economists said.
- The RBI’s monetary policy will be announced a few days after the US Federal Reserve announced its monetary policy decision in which it left the benchmark interest rates unchanged at 5.25 per cent – 5.5 per cent and suggested that there was no hurry to change rates.
- Markets earlier anticipated that the US central bank may start cutting interest rates from March this year.
- A few economists expect the RBI to announce some liquidity measures to ease the tight liquidity condition in the banking system.
Monetary policy stance
- Economists believe that the RBI will continue with its monetary policy stance as ‘withdrawal of accommodation’ on February 8.
- The RBI will likely continue providing liquidity through 14-day VRR (variable repo rate) to reduce over-tightening risks, but a formal change to the monetary policy stance may have to wait till April.
What happens to lending rates if the repo rate is unchanged
- With the RBI expected to leave the repo rate unchanged at 6.5 per cent, all external benchmark lending rates (EBLR) that are linked to the repo rate will not rise.
- It will again give relief to borrowers as their equated monthly instalments (EMIs) will not increase.
- However, lenders may raise interest rates on loans that are linked to the marginal cost of fund-based lending rate (MCLR), where the full transmission of 250 bps hike in the repo rate between May 2022 and February 2023 has not happened.
- In response to the 250-bps hike in the policy repo rate, banks have increased their EBLRs by a similar magnitude, while the one-year median MCLR increased by 155 bps during the period May 2022–December 2023.
- Concomitantly, the weighted average lending rate (WALR) on fresh and outstanding rupee loans increased by 183 bps and 108 bps, respectively, from May 2022-November 2023.
About the monetary policy
- The monetary policy is a policy formulated by the central bank, i.e., RBI (Reserve Bank of India) and relates to the monetary matters of the country.
- The policy involves measures taken to regulate the supply of money, availability, and cost of credit in the economy.
- The policy also oversees distribution of credit among users as well as the borrowing and lending rates of interest. In a developing country like India, the monetary policy is significant in the promotion of economic growth.
- The various instruments of monetary policy include variations in bank rates, other interest rates, selective credit controls, supply of currency, variations in reserve requirements and open market operations.
- Liquidity Adjustment Facility (LAF) – RBI uses LAF as an instrument to adjust liquidity and money supply.
Types of LAF are:
- Repo rate: Repo rate is the rate at which banks borrow from RBI on a short-term basis against a repurchase agreement.
- Under this policy, banks are required to provide government securities as collateral and later buy them back after a pre-defined time.
- Reverse Repo rate: It is the reverse of repo rate, i.e., this is the rate RBI pays to banks in order to keep additional funds in RBI. It is linked to repo rate in the following way:Reverse Repo Rate = Repo Rate – 1
| CARE MCQ | UPSC PYQ |
| Q4. Which among the following defines Repo Rate?
A. The rate at which banks place their surplus funds with the RBI. B. The rate at which banks can borrow against their excess SLR securities to meet additional liquidity requirements. C. The rate at which the Reserve Bank is prepared to buy or re-discount bills of exchange or other commercial paper eligible for purchase. D. The rate at which banks borrow funds from the Reserve Bank against eligible collaterals.
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Q. If the RBI decides to adopt an expansionist monetary policy, which of the following would it not do? (UPSC Prelims 2020)
1. Cut and optimize the Statutory Liquidity Ratio 2. Increase the Marginal Standing Facility Rate 3. Cut the Bank Rate and Repo Rate Select the correct answer using the code given below: A. 1 and 2 only B. 2 only C. 1 and 3 only D. 1, 2 and 3
Answer: B
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Answer 4: D Explanation: · Repo Rate full form is Repurchase Agreement or Repurchasing Option. Banks obtain loans from the Reserve Bank of India (RBI) by selling qualifying securities. · Repo rate is the rate at which banks borrow funds from the Reserve Bank against eligible collaterals. · When the RBI wants to make more money available, it lowers the repo rate. This lowers the cost of borrowing money from the RBI for financial institutions. · The repo rate is increased by the RBI to discourage banks from borrowing money and thereby lower the money supply. · Thus, the repo rate is key to keeping inflation under control because it affects the cost of borrowing and, in turn, the amount of money in Indian economy. |
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Role of Central Investigative Agencies
Source: The Hindu
UPSC Syllabus relevance: GS II (Indian Polity and Governance)
Context: Central Investigative Agencies have come under scrutiny for allegations of political misuse.
Why in news
- Concerns have been raised regarding role of Central Investigative Agencies including the Central Bureau of Investigation, Enforcement Directorate, and National Investigation Agency, for allegations of political misuse.
Agencies in the News
- Recent allegations of political interference and misuse of investigative agencies have sparked debates on their accountability and independence.
- Instances such as the questioning of AAM Aadmi Party leader Manish Sisodia by the CBI highlight concerns about the potential impact on the federal structure of India.
- The ED and NIA have also faced scrutiny, raising broader questions about the functioning of investigative bodies in the country.
Mandate of CBI, ED, and NIA
- Central Bureau of Investigation (CBI): The CBI, as India’s premier investigating agency, operates under the Ministry of Personnel, Pension and Public Grievances. It handles cases ranging from anti-corruption crimes to economic offenses and special crimes.
- Enforcement Directorate (ED): The ED is tasked with investigating offenses related to money laundering and violations of foreign exchange laws.
- It enforces acts such as the Prevention of Money Laundering Act and the Foreign Exchange Management Act.
National Investigation Agency (NIA)
- The NIA is mandated to investigate offenses affecting India’s sovereignty, security, and integrity, including terrorism-related crimes and offenses under various acts such as the Unlawful Activities (Prevention) Act.
Concerns Related to the Working of Investigation Agencies
Political Interference
- Allegations of politicization have plagued investigative agencies, leading to concerns about their impartiality and autonomy.
- The repeated transfer of officers and the influence of governing politics on investigations have raised questions about institutional integrity.
Structural Issues
- Structural constraints, such as the requirement for sanction from political authorities to prosecute certain individuals, have hindered the effectiveness of investigative agencies.
- Additionally, dependence on other institutions for staffing, legal support, and financial needs has impacted their autonomy.
Violation of Federal Principles
- The expansion of investigative agencies’ mandates, coupled with the withdrawal of consent by several states, has raised constitutional concerns regarding federal principles.
- The ED’s authority to investigate cases without state consent has been criticized for undermining state autonomy.
The Way Forward
- To address these challenges, several measures can be considered, including:
- Establishment of a high-level governing board for the CBI with representation from states to ensure oversight and accountability.
- Implementation of guidelines to safeguard the independence and autonomy of investigative agencies, as laid down by the Supreme Court.
- Introduction of comprehensive legislation to govern the functioning of investigative bodies, ensuring transparency and accountability.
- Inclusion of investigative agencies under the Right to Information law, with provisions to balance transparency and confidentiality.
Conclusion
- The central investigative agencies play a crucial role in upholding the rule of law and ensuring accountability in governance.
- It is imperative for the government to take proactive measures to safeguard the integrity and effectiveness of investigative agencies, thereby restoring public trust and confidence in the justice system.
| CARE MCQ | UPSC PYQ |
| Q 5. Which statement(s) is/are correct regarding the powers of the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA)?
1. The ED carries out search and seizure after deciding that the money has been laundered, under Section 16 and Section 17 of the PMLA. 2. The authorities decide if arrest is needed based on the findings of search and seizure, as per Section 19 of the PMLA. 3. ED can directly carry out search and seizure without calling the person for questioning. Code A. 1 and 2 only B. 2 and 3 only C. 1 and 3 only D. 1, 2 and 3
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Q. The Stiglitz Commission established by the President of the United Nations General Assembly was in the international news. The commission was supposed to deal with: (2010)
A. The challenges posed by the impending global climate change and prepare a road map B. The workings of the global financial systems and to explore ways and means to secure a more sustainable global order C. Global terrorism and prepare a global action plan for the mitigation of terrorism D. Expansion of the United Nations Security Council in the present global scenario
Answer: B
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| Answer 5– C
Explanation · The Directorate of Enforcement (ED) is a multi-disciplinary organization mandated with investigation of offences of money laundering and violations of foreign exchange laws. · It functions under the Department of Revenue of the Ministry of Finance. · ED carries out search and seizure after deciding that the money has been laundered, under Section 16 and Section 17 of the PMLA. So, the statement 1 is correct. · Under Section 50 of the PMLA, the ED can directly carry out search and seizure without calling the person for questioning. It is not necessary to summon the person first and then start with the search and seizure. So, the statement 3 is correct. · Section 19 of the Prevention of Money Laundering Act 2002 (PMLA) empowers authorized Director of Enforcement (ED) to arrest persons based on the material in their possession, providing a reasonable basis to suspect that an individual has committed an offence punishable under the law. So, the statement 2 is incorrect. · Hence option D is correct answer.
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Uttarakhand cabinet clears Uniform Civil Code
Source : The Hindu
UPSC Syllabus relevance: GS-II (Fundamental Rights , Directive Principles of State Policy , Issues Related to Women )
Context: Recently, the Uniform Civil Code (UCC) draft report was approved by the Uttarakhand Cabinet and is likely to be tabled in the state assembly, as a bill for enactment.
Why in the News
- Uniform Civil Code (UCC) is a proposed set of common laws for all residents of Uttarakhand, regardless of their religion, caste, or gender.
Key Highlights of Uttarakhand’s UCC Draft Report
- The UCC aims to replace distinct personal laws of every religion, focusing on marriage, divorce, adoption, and inheritance, guided by Article 44 of the Constitution.
- Article 44 of the Indian Constitution is a Directive Principle of State Policy (DPSP). It states that the state should try to establish a uniform civil code for all citizens throughout India.
- This code would be a single set of personal laws that would apply to all citizens, regardless of religion.
- Some of the key proposals put forth by the committee include the prohibition of polygamy, halal, iddat (a mandatory period of waiting to be observed by women following the dissolution of a Muslim marriage), triple talaq, and child marriage, uniform age for girls’ marriage across all religions, and mandatory registration of live-in relationships.
- The draft UCC aims to focus on gender equality by treating men and women equally in matters such as inheritance and marriage.
- The Code is also likely to extend an equal property share to Muslim women against the existing 25% share accorded under Muslim personal laws.
- The minimum age for marriage for men and women is set to remain the same,18 years for women and 21 years for men.
- Scheduled tribes (STs) have been exempted from the purview of the bill. The tribal population in the state, which is around 3%, had been voicing its dissent against UCC in the wake of the special status accorded to them.
Supreme Court’s interventions
- Over the years, the Supreme Court has deliberated upon the UCC in several judgements, but refused to issue any directive to the government since law-making falls within the exclusive domain of the Parliament.
- In its 1985 judgment in the Shah Bano Begum case, the Court observed that “it is a matter of regret that Article 44 has remained a dead letter” and called for its implementation.
- Such a demand was reiterated in subsequent cases such as Sarla Mudgal v. Union of India (1995), and John Vallamattom v. Union of India (2003) among others.
- In 2019, in its Jose Paulo Coutinho v. Maria Luiza Valentina Pereira judgment, the Court hailed Goa as a “shining example” where “the uniform civil code is applicable to all, regardless of religion except while protecting certain limited rights” and accordingly urged for its pan-India implementation.
Law Commission’s stance
- In 2016, the BJP government requested the Law Commission of India to determine how to formulate a uniform code given the existence of “thousands of personal laws” in the country.
- In August 2018, the 21st Law Commission headed by former Supreme Court judge Justice Balbir Singh Chauhan submitted a 185-page consultation paper on “Reforms of family law” wherein it observed that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.
- The report stated that a unified nation did not necessarily need “uniformity,” adding that secularism could not contradict the plurality prevalent in the country.
- It however recommended that discriminatory practices and stereotypes within existing personal laws should be amended.
What happens next
- Goa already has a UCC but it dates back to the 1870s when the State was under Portuguese rule and not a part of the Indian Union. The code is not exactly uniform and makes concessions for certain religious customs.
- For instance, it permits a certain form of polygamy for Hindus, and Muslims in the State are governed by Portuguese law as well as Shastric Hindu law.
- Catholics also need not register their marriages and Catholic priests can dissolve marriages performed by the Church.
- Following Uttarakhand’s footsteps, two other BJP-ruled States — Madhya Pradesh and Gujarat — have appointed committees to initiate the formulation of a UCC.
- A similar proposal was also a part of BJP’s election manifesto for the Karnataka Assembly polls where the Congress eventually secured a landslide victory.
Article 44 of the Constitution and Directive Principles
- The Uniform Civil Code falls under Article 44 of the Constitution, advocating for a uniform civil code across the country’s territory.
- However, as Article 37 clarifies, directive principles are guiding principles for government policies and are not enforceable by courts.
- The UCC proposal is a significant step toward legal modernization and aligns with the constitutional directive to work towards a uniform civil code for all citizens.
| CARE MCQ | UPSC PYQ |
| Q6. With reference to Uniform Civil Code (UCC), consider the following statements:
1. The Uniform Civil Code is mentioned as Fundamental Rights of the Indian Constitution. 2. In its 1985 judgment in the Shah Bano Begum case, the Supreme Court had called for implementation of UCC. 3. In 2019, in Jose Paulo Coutinho v. Maria Luiza Valentina Pereira judgment, the Supreme Court hailed Goa as a “shining example” of UCC. How many of the above statements is/are correct? A. Only one B. Only two C. All three D. None
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Q. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: (UPSC Prelims 2012)
1. Securing for citizens of India a uniform civil code 2. Organising village Panchayats 3. Promoting cottage industries in rural areas 4. Securing for all the workers reasonable leisure and cultural opportunities
Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy? A. 1, 2 and 4 only B. 2 and 3 only C. 1, 3 and 4 only D. 1, 2, 3 and 4
Answer: B
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Answer 6- B Explanation:
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