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Summary
Polity Class 18

REVISION OF THE PREVIOUS CLASS (05:00 PM)

UNIFORM CIVIL CODE (05:10 PM)

  • The constituent assembly discussed the need for UCC during the British times, IPC, and CrPC made sure that the criminal procedure code would be the same for all the citizens of the country irrespective of their identities but they deliberately did not bring in UCC as they did not want to hurt the sentiments of people.
  • British rule in India has mostly focussed on economic exploitation than on reforming the society.
  • Members of the Constituent Assembly in general have agreed to a uniform civil code but they also realized the fact that bringing UCC immediately after the partition can lead to creating more fear in the minds of minorities community in the country.
  • It was included in DPSP Article 44 because it would not be mandatory for the government to implement these DPSPs in a time-bound manner.
  • In 1950, the then Law minister Dr. B.R . Ambedkar had come out with legislation to reform the Hindu religion popularly known as the Hindu code bill. Since its contents were too radical, It was strongly opposed by conservative elements in the Congress party.
  • Ambedkar resigned from the council of ministers as his bill was opposed by the Congress party.
  • 1st General elections were held in Lok Sabha in 1952, Jawaharlal Nehru, and the Congress party fought these elections in the name of reforming Hindu society.
  • There was strong strong opposition to the Hindu code bill, To get this bill passed on the floor of the house, The government divided it into small parts and it was not called the Hindu code bill.
  • At the time of passing these bills, Nehru had promised that UCC also will be approved by the parliament in the future after ensuring consensus among all religions regarding its contents.
  • But since the 1950s, Political parties did not make any serious attempts to bring UCC. Unfortunately, the debate around the UCC focussed only on religion but in the process, it has completely ignored gender-related issues.
  • Supreme Court in the Shah Bano case had requested the central government to bring the UCC but no serious attempts were made despite widening inequalities in terms of gender in the society.

WHAT SHOULD BE DONE? (05:46 PM)

  • Political parties, media, Civil society organizations, NGOs, and other pressure groups must come together to ensure consensus regarding the UCC.
  • The strategy followed by the Jawaharlal Nehru Government for the Hindu civil code can also be followed for UCC. It can be divided into various legislations including marriage and divorce legislation, Inheritance and succession legislation, and so on.
  • The Government can then can reach a consensus among different sections of society regarding this legislation by looking at these problems from purely gender perspectives without bringing in religion.
  • Media and civil service organizations can be made active participants in the whole process.

FUNDAMENTAL DUTIES (06:00 PM)

  • FDs are inspired by the Russian constitution, to overcome the political emergencies in the 1970s.
  • So a 42nd Constitutional amendment act (Mini Constitution) was tabled in the parliament.
  • None of the democratic countries has these FDs except JAPAN, In 1976 Swaran Singh committee was set up by the Congress party to recommend the FDs during the operation of internal emergencies.
  • The committee recommended 8 FDs but the 42nd Amendment included 10 FDs.
  • Some of these FDs are moral duties whereas others are civic duties. Like DPSPs FDs are also non-justiciable i.e there is no direct enforcement by the courts.
  • FDs are confined only to citizens of the country. Parliament can enforce them through suitable legislation.
  • The objective of these FDs is to promote a sense of Responsible citizenship among the citizens.
  • List all the 11 FDs You can get in Your NCERTs or Reference material Kindly refer.

HOW TO WRITE ANSWERS (06:19 PM)

  • Presenting the content from the point of view of UPSC is important.
  • Content is the basis but how to present that content in an organized manner is a challenge that too in 150-250 words in 7 minutes.
  • The answer has three parts:
  • Introduction (Will be 10-15% of your answers)
  • Body (Will be 70% of your answer)
  • Conclusion (Will be again 10-15% of your answer)
  • For the Introduction part, You need to give the opening remarks, Give data, Facts, and Convey to the examiner that yes you have understood the demand of the question.
  • For the body part, you have to logically analyze which means statement or points followed by a reason with substantiation.
  • The conclusion again is summarising the body part. But in a balanced way.

QUESTION DISCUSSION (7:25 PM)

  • Question 1: Discuss each adjective attached to the word Republic in the preamble. Are they defendable in the present circumstances (07:25 PM)
  • Approach:
  • First You need to discuss each adjective which is Socialist, Secular, Democratic Republic, and so on.
  • Second, you need to throw light on the part "Are they defendable".
  • In the Introduction You need to write the utility of the Preamble i.e Why Preamble?
  • In the Body part: You need to discuss each adjective elaborately.
  • In the Conclusion part: Summarise the body part with a balanced approach.
  • Question 2: The right of movement and residence throughout the territory of India are freely available to the Indian citizens but these rights are not absolute. Comment (07:38 PM)
  • Start your answer by writing India is such a large and diverse country, Always faces challenges regarding fraternity, Unity, and Integrity, They could be overcome if there are better people-to-people contacts.
  • Then You need to explain What freedom of movement means: Our Constitution makers considered India a single entity despite its diversity, They have given every citizen of the country, The right to move as well as reside.
  • Why the Exceptions were given: Liek Tribal areas, Public health, Morality.
  • We are living in an age of Globalization, So Government has to ensure that Tribal people also have the benefits of Globalization.
  • PESA is there so that the benefits of Globalization are also tracked there in the interiors without impacting their traditions and culture.
  • Finally, conclude by In the age of Globalization their rights are also ensured.

The topic for the next class: Discussion of Prelims Question, ParliamentÂ