Which one of the following statements regarding Uniform Civil Code as ...
Statement 1 is not true: It is a directive principle for the state but not a fundamental right of every citizen.
Statement 2, 3 and 4 are true:
- Article 36-51 deals with the directive principles of state policy.
- Though they are not enforceable by any court but should be fundamental in the governance of our country and state shall endeavor to secure them for citizens throughout the territory of India.
Note: Directive principles of our state are inspired by the Constitution of Ireland.
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Which one of the following statements regarding Uniform Civil Code as ...
The Uniform Civil Code and Article 44 of the Indian Constitution:
The Uniform Civil Code (UCC) is a directive principle of state policy enshrined in Article 44 of the Constitution of India. The UCC aims to provide a common set of civil laws for all citizens, irrespective of their religion, with regard to matters such as marriage, divorce, inheritance, and adoption. It seeks to promote gender equality and social justice by eliminating discriminatory practices prevalent in personal laws based on religious customs and traditions.
Explanation of the incorrect statement:
The incorrect statement is option 'A' which states that the Uniform Civil Code is a Fundamental Right of every Indian citizen. This statement is not correct because the Uniform Civil Code is not explicitly mentioned as a Fundamental Right in the Constitution of India.
Explanation of the other options:
a) The Uniform Civil Code is not a Fundamental Right of every Indian citizen. Instead, it is a directive principle of state policy, which means that it provides guidance to the state in formulating laws and policies but is not legally enforceable by the courts.
b) The State shall endeavor to secure the Uniform Civil Code for citizens throughout the territory of India. This statement is correct. Article 44 of the Constitution states that the state shall endeavor to secure a Uniform Civil Code for all citizens, indicating the intention of the government to work towards achieving this goal.
c) The Uniform Civil Code is not enforceable by any Court. This statement is correct. As a directive principle, the UCC is not legally enforceable by the courts. However, the courts can encourage and interpret laws in a manner that promotes the principles of the Uniform Civil Code.
d) The Uniform Civil Code is not enforceable by a Court, yet the Constitution requires that as a principle it should be fundamental in the governance of our country. This statement is incorrect. While the Constitution does not require the Uniform Civil Code to be fundamental in the governance of the country, it does recognize the importance of a Uniform Civil Code as a directive principle that the state should strive to achieve.
Therefore, the correct answer is option 'A' as the Uniform Civil Code is not a Fundamental Right of every Indian citizen. Instead, it is a directive principle of state policy.