Uniform Civil Code

 Why is it in the news?

1. Uttarakhand officially implemented the uniform civil code for all residents of the state on 27th January, 2025 except scheduled tribes and natives who have migrated out of the state. Thus, Uttarakhand has become the first Indian State to implement the UCC after independence as mandated by the constitution of India under article 44. Goa already had a common civil code in India. Several BJP ruled states like Haryana, Assam, Madhya Pradesh and Gujarat have constituted committees to enforce uniform civil code in near future. 

2. The Act bans practices like Halala, Iddat and Talaq. It ensures that women are given equal rights in matters related to property and inheritance. 

3. According to the provision of UCC in Uttrakhand, all those people who have got married since March,26,2010, will have to be registered in the government portal within the six months. Marriages that have taken place after the implementation of the law should be registered within 60 days from the date of marriage. Similarly, live-in-relationship established before and after the implementation of UCC will have to be registered within one month from the date of implementation of the UCC.  

4. If the woman becomes pregnant during the live-in, then it is mandatory to inform the government within 30 days of the birth of the child. The UCC also mandates that a landlord cannot deny a house to any couple whose live-in registration is done. Thus, It mandates online registration of marriages, divorces and live-in relationships. A government portal has been formed for this purpose. People can access records, register complaints and also upload their will on the portal.  The government claims that the UCC will bring equality and harmony. It also hopes that the stream of equality emanating from Uttrakhand will irrigate the entire country in the future. 

What is Uniform Civil Code?

1. UCC refers to replacing personal laws based on religious scriptures and customs with a common set of rules governing every citizen. These laws cover marriage, adoption, inheritance, divorce and maintenance governed by respective religious scriptures. 

2.  Under article 44 of our constitution Uniform Civil Code has been put under the directive principle of state policy. The provision states that the state shall endeavour to secure a UCC for all citizens throughout the territory of India. 

3. It is suggested that UCC would lead to equality, gender justice , promote national integration, eliminate complexities of different personal laws and modernise civil laws as per the needs of the contemporary society. 

4. Detractors give the following arguments against UCC : - 

• It would infringe the religious freedom guaranteed by the constitution of India under article 25, whereby every citizen is entitled to propagate, profess and practise his own religion. 

• India has cultural diversity. Different communities have different customs and traditions. Even among tribals, the customs and traditions of North Eastern Tribes are quite different from that of tribals living in Central India. 

• Different religious communities have resisted the implementation of UCC in India, alleging that it would compromise their religious freedom. 

• Political parties except, BJP, dither to implement UCC lest they get alienated from minorities. 

Difference between Uniform Civil Code and Common Civil Code

1. UCC stands for uniform laws for all citizens irrespective of their religious affiliations. It is secular and universal. It is rigid and uniform for all communities.

Common Civil Code on the other hand does not necessarily mandate complete uniformity. 

2. It can allow for some degree of flexibility. It allows diversities while seeking harmony. Thus, it gives special consideration to customs and traditions. 

The present position of UCC in the different countries of the world.

Most of the western countries like the United States, Canada, France, Germany, Australia have UCC. Islamic countries like Turkey, Tunisia, Indonesia, Kazakhstan, Uzbekistan and other Central Asian Republics have adopted UCC. While other Muslim countries have still clung to Sharia laws.  

Historical Background 

The UCC was fairly discussed in the constituent assembly.  No unanimity among its members could be arrived at. Both Jawaharlal Nehru, Dr. Ambedkar, K M Munshi and women members were in favour of the binding implementation of UCC but the Muslim and Christian members vehemently protested against making UCC as enforceable by law.  Thus, a compromise was arrived at for want of consensus and it was put under Directive Principle of State Policy under article 44. 

Why has the uniform civil code not been implemented in India despite a constitutional mandate?

1. The fear of losing religious identity among minorities.

2. Political parties refrained from implementing UCC due to fear of backlash from minorities during the election.

3. Apprehension of social unrest by minorities.

4. Lack of consensus among majority and minority communities. 

5. Lack of awareness with regard to UCC.

6. Diversity and plurality of Indian society makes the UCC unfeasible. 

7. Encroachment upon the right to minorities under article 29 and 30 of our constitution.

The Way out 

UCC can be implemented by making consensus among all stakeholders. It requires gradual rather than drastic implementations. Moreover, citizens should be educated with regard to the benefits of the UCC. But the customs and traditions of tribal and other vulnerable communities must not be interfered with through the UCC.   

Why did Sultan Mohammad Tughlaq fail miserably as a ruler?

 1. Sultan Mohammad Tughlaq was a widely read person. He was well- versed in History, Theology, Mathematics and Persian. No Sultan before and after him was so educated as he was. But he was impatient and acted in haste. He did not give enough time to his project to be implemented efficiently, with the result that most of his experiments/projects failed. These failures sapped the vitality of the Sultanate. The final nail in the coffin of the Sultanate was struck by Taimur Lang in 1398. Taimur looted and plundered Delhi, massacred its people and took away thousands of cattle, artisans, valuable goods with him to his capital,Samarkand. 

2. The Sultan annexed the entire South India. But it could not be administered properly from Delhi for want of proper communication in those days. In 1327, he made Devgiri as his second capital to control South India. A road was built to connect Delhi with Devgiri, renamed Daulatabad. Trees were planted on either side of the road. Sarais or halting places were constructed every two miles (1 mile = 1.6 km).  Nobles, Sufi Saints and people from Delhi were exhorted to shift to Daulatabad. They were provided lands and residential places. But the experiment failed miserably. It came out that as South India could not be controlled from Delhi, so North India could not be controlled and administered from Daulatabad, a town situated 1500 km away from Delhi. Thus, the experiment was shelved in 1333, after a gap of six years. But, the experiment caused heavy casualties of people and loss of wealth. A large number of people died of exhaustion because the experiment was carried on in the summer season. Secondly, those nobles or landed gentry settled at Daulatabad got homesick. They did not like the surroundings of Daulatabad. Moreover, the locals resisted them. So, some of the nobles returned to Delhi while others perished enroute. Although the experiment failed miserably, it led to the commingling of Hindu and Islamic cultures.  Islam hitherto restricted to North India, penetrated into Deccan and South India. The exodus of muslim theologians, sufi saints, military officers, nobles and landed gentry to Deccan led to the establishment of Bahmani Kingdom in 1347. Secondly, the commingling of Persian and Hindavi gave rise to a new language called Urdu. While Hindavi provided sub structure (base), the Persian provided super structure (Persian Vocabulary) to Urdu. In later years, Urdu proliferated to North India. And it is now the lingua franca of Pakistan. While in the states of UP,Bihar, Jharkhand, West Bengal, Jammu & Kashmir, Delhi and Telangana, it is the additional official language. 

3. Introduction of token currency - The Sultan introduced token currency in the sultanate. Thus, the face value of a copper coin was put at par with a silver coin. In modern times, almost all countries have adopted token currency. But in those days it was very new for the people in the sultanate. It is suggested that the Sultan took this measure because there was paucity of silver metal. Earlier, the Chinese emperors and Kublai Khan had also experimented with token currency. But the token currency in India introduced by Mohammad Tughlaq failed miserably because the Sultanate did not take sufficient measures to check the counterfeiting of coins. The administration failed to stop the imitation of token currency. People started hoarding gold and silver and paying taxes in counterfeiting currency. This led to the decline of trade and commerce and the overall economy of the sultanate. The sultan was forced to withdraw token currency. He ordered the genuine token currency of copper to be exchanged by silver coins. This experiment further put a heavy burden upon the exchequer of the sultanate.

4. The sultan tried to curb the power and influence of Ulema who had controlled the religious and judiciary department. He ordered that the monopoly of Ulema must be dismantled and all those people who were meritorious should get access to the judiciary, religious and ecclesiastical department. This infuriated the Ulema, theologians and orthodox elements in the Sultanate and therefore, started lobbying against the Sultan. But when the sultanate witnessed a series of revolts in the second half of his reign, the sultan was forced to make compromises with the orthodox elements of the sultanate. He invited Giasuddin, a distant relative of Khalifa and bestowed upon him respect and huge gifts. Similarly, most of the Ulemas and their descendants were restored to their original positions in the judiciary, religious, educational and ecclesiastical department. 

5.Similarly, the Sultan expanded the base of nobility by recruiting not only foreign Muslims but also native Muslims. Hindus were also recruited in the nobility. Thus, instead of hereditary, the merit found utmost importance. The liberality of the Sultan was very much detested by the orthodox elements and foreign Muslims. The cohesiveness of the nobility was completely torn asunder. 

6.The Sultan embarked upon agrarian reforms in Doab. An agricultural department called Diwan-e-Kohi was established to help farmers with Taqavi loans, seeds and implements. But because of the sudden outbreak of famine in Doab, the agrarian reform failed miserably. Moreover, the land was not measured before fixing the land revenue as was done by Allauddin Khilji. The land revenue was fixed as high as half of the produce. The outcome was that most of the farmers abandoned farming and fled to the jungles. 

7. The Sultan recruited 3 lakh 70 thousand soldiers and paid them a salary of one year in advance. The purpose was to capture Khurasan in central Asia. But on account of the changing scenario in central Asia, the project was shelved. This caused a heavy economic burden on the exchequer. Similarly, the expedition to Qarajal, situated in the foothills of Himalayas, proved a disaster. Almost all 10,000 soldiers perished in the hilly terrain.

8. The Sultan failed to check on revolt one after another revolt in his vast sultanate. Thus, Bengal liberated itself from the sultanate. In South India, Harihar and Bukka established Vijay Nagar kingdom in 1336. In Deccan, Hasan Gangu, a foreign Muslim, established independent Bahamani Kingdom in 1347. In Rajputana, Hamir Dev declared independence and defeated the sultanate army at Sugoli in 1336. Thus, in the second half of his reign, the Sultan kept on quelling one revolt after another revolt and died at Thatta in 1351 while subduing the revolt in Sindh. 

9. To conclude, several historians like Elphinstone and  V A Smith accused Mohammad Tughlaq of insanity or a mixture of opposites but this is not true. Most of his experiments were ahead of his time. Moreover, they lacked the force of proper implementation. The Sultan was in haste and was hot headed. He left most of his experiments in the middle without going for a final conclusion. Moreover, he lacked a sense of proportion so much so that he could not discriminate between the serious and trivial crime and so awarded harsh punishment disproportionate to the gravity of the crime. The nobility, the Ulema, the regional warlords, the foreign Muslims were always in the lookout to undermine the position of Sultan. These were the reasons for the failure of Sultan Mohammad Tughlaq.  However, the credit goes to the Sultan that he valiantly fought against Mongols and defeated them. In spite of so many revolts, the sultanate was saved from crumbling. 

Achievements in Science and Technology in Ancient India

Why is it in the news?

1.The noted historian William Dalrymple wrote the “Golden Road : How Ancient India Transformed the World?”. The book was published earlier this year, which gives the complete idea as to how India was everything that happened in the ancient world right up to the early stages of the rise of Islam. 

2.According to him, India, not China, was at the heart of ancient commerce. It was the bristling maritime trade between India and the rest of the world which boosted international trade. That India was indeed a maritime power touching Egyptian ports to the West and Indonesia and the rest of SouthEast Asia to its East. The outcome of this association was the construction  of the largest Hindu Temple complex at Angkor Wat in Cambodia and Borobudur, the world’s largest Buddhist shrine in Indonesia. 

3. Through the ages scholars, kings, caliph, emperors across the world from China to Western and Central Asia admired India as the principal knowledge hub even after the advent of Islam. India’s rich mathematical and astronomical tradition continued to dazzle the world. The Chinese emperors gave shelter to Indian mathematicians, astronomers, and scholars in their courts. 

4.The Historian William Dalrymple, brought out how ancient India was as great and as dynamic civilisation as China was at a time when the west was hardly in reckoning. According to him, Indians made astonishing advances in science and technology in ancient India. 

Achievements in Science and Technology in ancient India

1.Ancient Indians made three important contributions. These are the notation system, the decimal system and the use of zero. The notational system was adopted by the Arab who spread it to the western world. The decimal system was borrowed by the Chinese from Buddhist missionaries. Similarly, Indians invented Algebra which was acquired by Arabs and spread to the western Europe. Brahmagupta and Bhaskaracharya further contributed in the development of Algebra and trigonometry. 

2. Zero was discovered by Indians in about the 2nd century BC. It was considered a separate numeral. The Arabs learnt the use of zero and then spread it to Europe. 

3. Aryabhatt calculated the positions of the planets. He discovered the cause of the solar and lunar eclipses. He measured the circumference of the Earth. He said that the Earth rotates around the Sun rather than vice-versa. He wrote Aryabhatiya. 

4. In the book Brihat Samhita, Varahmihir said that the Moon rotated around the Earth and Earth rotated around the Sun. 

5. In the field of medicine, Sushruta and Charak were prominent surgeons and physicians respectively. While Sushruta in his book Sushruta Samhita gives detailed description about the method of operating cataract, stoned diseases and many implements to be used for surgery, the Charak Samhita discusses various types of diseases and prescribes medicines for their cure. 

6. The drainage system and town planning adopted by the Harappans clearly show that they had knowledge of measurement and geometry. Sulba Sutras provides early examples of geometry. It provides precise methods to construct altars. Aryabhatt formulated a method for calculating the area of a triangle which led to the origin of trigonometry. The ancient Indians developed temple building engineering. The marvellous Ellora temples and Kailashnath temple which have been carved out from the single rock is an example of extraordinary engineering feat. 

7. The Lokayat philosophy provided by the Charvak argued that what is not experienced by man through his sensory organ does not really exist. Thus, he repudiated the existence of god. Similarly, philosophy of Sankhya was propounded by Kapil Muni. According to him, the soul can get liberation only through real knowledge which can be acquired through perception, inference and hearing. 

8. Indians developed the art of dyeing, the lasting colour is found in the paintings of Ajanta. 

9.Indians developed great expertise in the art of making steel. The iron pillar at Mehrauli (Delhi) did not rust even after the lapse of 1600 years. 

10.Kanad Rishi devises the atomic theory. He speculated about the existence of small indestructible particles much like an atom. He further held that atoms of the same substance combined with each other in a specific and synchronous manner  produced dviyanuka (diatomic molecules) and tryanuka (Triatomic molecules). 

11. India was the first to smelt zinc by the distillation process. This led to the making of bronze alloy by the mixing of tin with zinc. 

Decline of Science and Technology in India 

The science and technology declined after the onset of Muslim rule in India. The Sultanate period and thereafter, the Mughal period saw the growth of orthodox elements in the society. The Muslim religious leaders like Ulema, Mullah and Maulavi increased religiosity in the society. Among Hindus, the Bhakti movement took its root. The religious leaders like Ramanuja, Madhavacharya, Vallabhacharya, Nanak, Kabir, Tulsidas, Surdas, Mirabai spread the Bhakti cult in India. Thus, the ecosystem of science and technology was relegated to the background. Religious orthodoxy took precedence over logic and scientific temper. Moreover, the progressive and learned Brahamanas were denied privileges like land grants during the Muslim rule and so their creativity was stifled. The status of education further deteriorated during the period. And thus, India lagged behind in science and technology in the mediaeval period.  It was only after the second half of the British rule that science and scientific studies were given importance. Thus, the scientists like J C Bose, C V Raman, Homi Jehangir Bhabha,  Srinivasa Ramanujan, Vikram Sarabhai, Satyendra Nath Bose and Subrahmanyan Chandrasekhar were produced in India who made marks in the field of science and technology. 

Is the Indian Constitution a federal structure ?

 Why is it in the news?

Hon’ble Shri DY Chandrachud, the Chief Justice of India, while delivering inaugural Lok Satta lecture in Mumbai on 26th October, said “States and union are both creatures of the constitution. They must act in deference to their legislative boundaries in finding meaningful solutions to modern day problems. Our ability to address these challenges is the litmus test for our imperfect federalism and the framers’ faith in it. If federalism in the years gone by was about adjusting to political realities in terms of legislative powers, in the years to come should be evaluated based on its ability to foster democracy and constitutional ideals of equality, liberty, dignity and fraternity. “

Introduction

The Indian Constitution does not use the word federation. Instead, it uses the term union. Article 1 says that India, that is , Bharat shall be a union of states. It means that unlike federation, the central government is not the outcome of agreement among federating units. Secondly,  the federating units have no right to secede from the central government. However, the Indian constitution postulates a federation with a centralising tendency. In the Bommai case (1994), the Supreme Court laid down that the constitution of India is federal and federalism is its basic feature. The court held that the states have independent constitutional existence. They are not subordinates or agents of the centre. Within the sphere allotted to them, states are supreme. 

What is Federalism ?

1.Federalism pre-supposes a dual government where both central and the state governments derive their power from the constitution. The power is divided between the national and state governments with clear boundaries. Secondly, it has a written constitution where both central and state governments have defined jurisdictions.  An independent judiciary which acts as the guardian of the constitution. Bicameral legislature is established whereby the second chamber represents the interests of the states. Federalism pre-supposes a rigid constitution so that no constitutional amendment can be made by ordinary legislation. In a federal structure, supremacy of the constitution is of paramount importance and thus, whenever Parliament or State legislature exceeds its power or does not conform to the provisions of the constitution, the laws passed by the Parliament or state assemblies are struck down. 

2.On the contrary, in a unitary government, all powers are vested in the central government. Moreover, the central government creates regional governments like in the UK. 

Federal features of the Indian Constitution

1.The constitution of India establishes a dual polity consisting of the union and state governments. At present, there are 28 states. They have been assigned powers separately. They are not subordinate to the Union Government. While, the Union Government deals with foreign, defence, currency, communication and so on the state governments have been bestowed with to work for regional interests like public order, agriculture, health, local self government, police etc. 

2. The Seventh Schedule of the constitution of India consists of three lists - The Union List comprising 100 subjects, the State List comprising 59 subjects and the Concurrent List comprising 52 subjects. Both the central and state governments can make laws on the subjects included in the concurrent list. But in case of any conflict, the laws made by the Parliament would supersede the laws made by state assemblies under concurrent lists. However, unlike the US constitution, the residuary subjects are vested in the central government. 

3.Our constitution clearly gives its supremacy. Thus, in case the Parliament or State Legislature exceeds its powers or its limitations, the laws passed by the legislature or parliament are declared null and void by the Supreme Court under judicial review. 

4. Ours is a written constitution. The constitution was drafted and prepared by the constituent assembly represented by 299 members from the nook and corner of the country. It contains 470 articles and 12 schedules. The constitution has clearly discussed and demarcated  the structures and functions of the central, state and local governments. 

5.Our constitution is a mixture of flexibility and rigidity. While some of the provisions of the constitution can be amended by both Houses of the Parliament with special majority, the federal structure like the central state relations, judiciary, inter-state commerce can only be amended by both Houses of Parliament and  the concurrence of half of the state legislature by the simple majority. 

6. Our constitution has made provisions for an independent judiciary by securing the tenures of judges, fixed conditions of service and independence from the executive. It has also been assigned the task to settle the disputes between the union and the state governments or between state governments. 

7. Our constitution lays down a bicameral legislature consisting of an Upper House (Rajya Sabha) and a Lower House (Lok Sabha). While the Lower House is elected on the basis of universal suffrage, the Upper House is represented by states to protect their interests.  

8.The judicial intervention by the Supreme Court further strengthened the federal features of our constitution. For example, the Supreme Court held that a bill passed by the state legislature and presented before the Governor for his assent, cannot withhold the bill indefinitely. Rather a Governor can withhold with the assent of the bill only to send it for reconsideration, thereby circumscribing the discretionary power of the Governor.   Similarly, in the Bommai case (1994), the Supreme Court held that the test of the majority can only be held at the floor of the House, thereby, limiting the misuse of article 356 by the Governor for the imposition of  the President’s Rule in the state. 

9. Assertion of autonomy by states, demand for more financial grants by the states from the divisible pool of the central proceeds, disputes between states over the sharing of river water, territorial disputes between different states, creation of new states and finally emergence of regional parties to reduce regional disparities and for balanced regional development are some of the important federal trends that are being reflected in the working of the constitution of India for the last 75 years. 

Centralising features of the constitution of India  

There are certain centralising features which contrast the Indian constitution from the US constitution in so far as  the federal features are concerned. These are 

• Emergency Provisions under articles 352, 356 and 360

• Integrated judiciary 

• All India Services 

• Integrated audit system

• Integrated election commission

• Appointment/ Powers and Functions of Governor

• Parliament's authority even in the matters relating to the state list

• Single citizenship 

• Single constitution

• No equality of state representation in the Rajya Sabha

• More powers to the union government than state governments 

• The President enjoys absolute veto over state bills 

Conclusion

1. The Indian constitution postulates cooperative federalism where the union and state governments work together to iron out the differences that arise in governance to achieve the common goal of development. 

2. The states are in no way dependent upon the centre for the legislative or the executive authority. Both the centre and the state derive their power from the constitution itself. 

3.However, to strengthen the unity and integrity of India, certain exceptional provisions were made to face the challenges in abnormal/ exceptional situations so that in case of emergencies , India acts as a single powerful body. That’s why provisions of emergency, flexibility in the amendment of the constitution and a strong central government have been made.