Who Gets To Impose Uniform Civil Code?

State assemblies don't seem to have the legislative competence to enact a Uniform Civil Code. It appears to be just another politically opportune and socially divisive move

- KAPIL SIBAL

Today, let's explore whether any state in the Union of India has the authority to enact and enforce a Uniform Civil Code. Article 44 of the Constitution is part of the Directive Principles of State Policy. At the time of framing of the Constitution, there was no Uniform Civil Code in place. Given the diversity of India, there were several laws and customs of communities, including religious communities, in place. It is in this context that Article 44 was drafted, mandating, "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India."

There are three expressions in this provision that require attention. First is the word "State", second is the expression "endeavour to secure" for its "citizens", and the third is the "Uniform Civil Code throughout the territory of India".

The "State" here means not a state government, but the Union of India, since such a law, if framed by the Union, will be applicable throughout the territory of India. That cannot happen if the law is framed by a state government. The second clue that the State means the Union of India comes from the expression "citizens". We all know that the status of citizenship is granted only by the Union. Those residing within a state are not its citizens.

Article 44 further mandates that the "State", meaning the Union of India, shall endeavour to enact a Uniform Civil Code. It seems clear to me that a state government cannot, under its legislative powers, enact a law pursuant to the mandate under Article 44 of the Constitution.

It is, therefore, clear that any provision under the Uniform Civil Code, Uttarakhand, 2024, which applies to the residents of Uttarakhand, excluding tribals, would fall foul of the laws framed by the Union of India.