UCC Implemented in Uttarakhand After President Murmu Gives Assent

On 13 March 2024, President Droupadi Murmu gave her assent to the Uttarakhand Uniform Civil Code (UCC) bill under Article 201 of the Indian constitution. The Uttarakhand legislative assembly passed the bill on 07 February 2024. With the bill becoming law, Uttarakhand became the first state in India after independence to implement the UCC.

The Uttarakhand Governor Lieutenant General (Retd.) Gurmit Singh had referred the bill to the President for consideration under Article 200 of the Indian constitution. The President assented to the bill, exercising her power under Article 201 of the constitution. 

Reservation of State Bill for the President

Under Article 200 of the constitution, the  Governor  of a state has to compulsorily  reserve the bills passed by the state legislature for the consideration of the President if the bill :

• derogate the powers of the High Court; 
• relates to the imposition of taxes on water or electricity in certain cases(Article 288(2)) and 
•  It is a Money bill passed by the state legislature when a financial emergency has been imposed in the country under Article 360 of the constitution.

In certain cases, the Governor  may reserve the bill for the consideration of the President if the  bill is

• Against the provisions of the Constitution, 
• Against the  Directive Principles of State Policy dealing with the provision of  Article 31 C.
• In the country's larger interest, or is of grave national importance, or 
• deals with the compulsory acquisition of property under Article 31A of the Constitution. 

President’s Power under Article 201 

• The President can either give his assent to the state bill or withhold his assent. If the President gives his assent to the bill,  the bill will become law.
• If the President refuses to give assent, the bill will fail. 
• The President also has another option. The President may direct the Governor to return the bill to the State legislature for reconsideration.
• The State legislature has to reconsider the bill within six months. If the State legislature passes it again, it is again sent to the President. 
• The President may or may not give his assent to the state bill.

Uttarakhand is the first state after Independence to Implement UCC

• Article 44 of the Indian constitution provides that the “State shall endeavour to secure a uniform civil code for the citizens of India throughout the territory of India”.
• The Uttarakhand Legislative Assembly has  become the first State legislature after independence to pass a law implementing Article 44 of the Directive Principle of State Policy. 
• The Uttarakhand Uniform Civil Code Act is based on the recommendation of a high-level committee on UCC set up by the Uttarakhand government. 
• Retired Supreme Court judge Justice Ranjana P Desai was the committee's chairman.

Uniform Civil Code in  Goa 

• However, before Uttrakhand, Goa was the first state to have a common uniform civil code. The Portuguese enacted a Portuguese Civil Code in 1867, and in 1869, the Portuguese king extended it to its overseas territory, including Goa. The law provides a common law on marriage, divorce, succession, etc.
• The Indian Army launched Operation Vijay and liberated Goa from Portugal’s rule in 1961. Goa was made a Union Territory. 
• The Indian parliament passed the  Goa Daman and Diu Administration Act 1962 and continued providing the Portuguese civil code 1867 in  Goa. 
• Thus, though Goa was the first state to have its uniform civil code, Uttrakhand was the first state after Independence to have a uniform civil code according to the provision of the Indian constitution.

What is a Uniform Civil Code?

There are two branches of a legal system: civil law and criminal law.

Criminal law deals with crimes against society, such as murder, theft, burglary, and arson. A person accused of a crime against society is punished by a court of law.

Civil law deals with disputes between two parties. The parties could be individuals or organisations. Civil law covers disputes regarding marriage, divorce, child adoption, property, succession, etc. of a person.

The main difference between the two is that criminal law focuses on punishment while civil law focuses on dispute resolution.

In India, there is a common criminal law. This means that a person accused of a crime is judged on the nature of the crime committed by the person and not whether he is a Muslim, Hindu, Christian, etc. Here, the person’s religious background does not matter.

There is no common civil law in India except in Goa and Uttarakhand. This means that matters related to a person's marriage, divorce, etc., are decided on the basis of  the customs and traditions of the parties involved. If it is a case of divorce involving a Muslim, the court will decide the case according to the customs and traditions of Muslims.