Daily Passage Test for CLAT - Aug 29 MCQs & solutions Free

Direction: Read the following passage carefully and answer the questions that follow.

Underlining that the Uniform Civil Code is “neither necessary nor desirable at this stage”, the 21st Law Commission of India, in 2018, argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just. Currently, Indian personal law is complex, with each religion adhering to its own specific laws. The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption. A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc. Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India. Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance. Legal experts argue that the Constitution’s framers used the term “uniform” in Article 44 and not “common”. Common means one and the same in all circumstances, while uniform means the same in similar conditions. Even code does not necessarily mean one single law in every circumstance. Different people may have different laws, but the law within a particular group should be uniform. Such a classification is permissible even under the right to equality under Article 14. During the Mohd Ahmed Khan v. Shah Bano Begum and Others (1985) case, the top court exhorted the central government to enact a “common civil code” in the interests of national integration.

Recently in 2023, The 22nd Law Commission of India has decided again to solicit views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code. According to critics, the Law Commission’s decision appears to be a political initiative aimed at bringing the potentially divisive issue under focus. There is a rising demand from all parts of the country for a Uniform Civil Code. But it comes with a set of its own misconceptions. The foremost regarding personal laws is that they are invincible and aren’t subject to judicial review. Thus, people believe that UCC is the only option left after special marriage act which allows only monogamous marriages to filter out all discriminatory practices in personal laws. The truth is all laws whether personal or criminal or financial are judicially reviewable and the judiciary can declare them potentially void if they encroach upon Fundamental Rights.

Q. There have been heated discussions on a Uniform Civil Code (UCC) in India for many years. A UCC was not deemed required at this time, according to the 21st Law Commission of India, which recommended changing family laws in all religions to improve gender equality. With the exception of Goa, where common law rules, the diversity of Indian personal laws is clear. Experts contend that "uniform" in this case denotes uniformity under identical situations, not absolute uniformity in all circumstances, despite the fact that Article 44 of the Constitution favors a UCC. While there may be differences in personal laws between groups, each group must maintain consistency. However, there are some myths that persist, such as the idea that personal laws are exempt from judicial examination. In actuality, if fundamental rights are violated, all laws, whether they be pecuniary, criminal, or personal, are susceptible to judicial review. Which of the following statements is false?

Direction: Read the following passage carefully and answer the questions that follow.

Underlining that the Uniform Civil Code is “neither necessary nor desirable at this stage”, the 21st Law Commission of India, in 2018, argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just. Currently, Indian personal law is complex, with each religion adhering to its own specific laws. The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption. A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc. Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India. Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance. Legal experts argue that the Constitution’s framers used the term “uniform” in Article 44 and not “common”. Common means one and the same in all circumstances, while uniform means the same in similar conditions. Even code does not necessarily mean one single law in every circumstance. Different people may have different laws, but the law within a particular group should be uniform. Such a classification is permissible even under the right to equality under Article 14. During the Mohd Ahmed Khan v. Shah Bano Begum and Others (1985) case, the top court exhorted the central government to enact a “common civil code” in the interests of national integration.

Recently in 2023, The 22nd Law Commission of India has decided again to solicit views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code. According to critics, the Law Commission’s decision appears to be a political initiative aimed at bringing the potentially divisive issue under focus. There is a rising demand from all parts of the country for a Uniform Civil Code. But it comes with a set of its own misconceptions. The foremost regarding personal laws is that they are invincible and aren’t subject to judicial review. Thus, people believe that UCC is the only option left after special marriage act which allows only monogamous marriages to filter out all discriminatory practices in personal laws. The truth is all laws whether personal or criminal or financial are judicially reviewable and the judiciary can declare them potentially void if they encroach upon Fundamental Rights.

Q. In India, polygamy is a part of the personal laws of one religious group. The community maintains that polygamy is a fundamental part of their religious and cultural identity. A section of the population feels that any effort to enact a Uniform Civil Code (UCC) would violate their right to exercise their religion. How does this circumstance connect to the legal debate over the Indian Uniform Civil Code?

Direction: Read the following passage carefully and answer the questions that follow.

Underlining that the Uniform Civil Code is “neither necessary nor desirable at this stage”, the 21st Law Commission of India, in 2018, argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just. Currently, Indian personal law is complex, with each religion adhering to its own specific laws. The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption. A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc. Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India. Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance. Legal experts argue that the Constitution’s framers used the term “uniform” in Article 44 and not “common”. Common means one and the same in all circumstances, while uniform means the same in similar conditions. Even code does not necessarily mean one single law in every circumstance. Different people may have different laws, but the law within a particular group should be uniform. Such a classification is permissible even under the right to equality under Article 14. During the Mohd Ahmed Khan v. Shah Bano Begum and Others (1985) case, the top court exhorted the central government to enact a “common civil code” in the interests of national integration.

Recently in 2023, The 22nd Law Commission of India has decided again to solicit views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code. According to critics, the Law Commission’s decision appears to be a political initiative aimed at bringing the potentially divisive issue under focus. There is a rising demand from all parts of the country for a Uniform Civil Code. But it comes with a set of its own misconceptions. The foremost regarding personal laws is that they are invincible and aren’t subject to judicial review. Thus, people believe that UCC is the only option left after special marriage act which allows only monogamous marriages to filter out all discriminatory practices in personal laws. The truth is all laws whether personal or criminal or financial are judicially reviewable and the judiciary can declare them potentially void if they encroach upon Fundamental Rights.

Q. Married couple Meera and Raj. The religious group to which Meera and Raj belong engages in polygamy. After several years of marriage, Raj tells Meera that, in keeping with the customs of her religious community, he wants to take a second wife. This suggestion has Meera very agitated since she feels that it would go against her rights and dignity as a wife. She requests a court order to defend her rights and stop Raj from adopting a second wife in accordance with Article 44. What legal justification should the court use in this case?

Direction: Read the following passage carefully and answer the questions that follow.

Underlining that the Uniform Civil Code is “neither necessary nor desirable at this stage”, the 21st Law Commission of India, in 2018, argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just. Currently, Indian personal law is complex, with each religion adhering to its own specific laws. The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption. A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc. Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India. Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance. Legal experts argue that the Constitution’s framers used the term “uniform” in Article 44 and not “common”. Common means one and the same in all circumstances, while uniform means the same in similar conditions. Even code does not necessarily mean one single law in every circumstance. Different people may have different laws, but the law within a particular group should be uniform. Such a classification is permissible even under the right to equality under Article 14. During the Mohd Ahmed Khan v. Shah Bano Begum and Others (1985) case, the top court exhorted the central government to enact a “common civil code” in the interests of national integration.

Recently in 2023, The 22nd Law Commission of India has decided again to solicit views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code. According to critics, the Law Commission’s decision appears to be a political initiative aimed at bringing the potentially divisive issue under focus. There is a rising demand from all parts of the country for a Uniform Civil Code. But it comes with a set of its own misconceptions. The foremost regarding personal laws is that they are invincible and aren’t subject to judicial review. Thus, people believe that UCC is the only option left after special marriage act which allows only monogamous marriages to filter out all discriminatory practices in personal laws. The truth is all laws whether personal or criminal or financial are judicially reviewable and the judiciary can declare them potentially void if they encroach upon Fundamental Rights.

Q. What does the passage suggest about the enforceability of Directive Principles of State Policy, including Article 44?

Direction: Read the following passage carefully and answer the questions that follow.

Underlining that the Uniform Civil Code is “neither necessary nor desirable at this stage”, the 21st Law Commission of India, in 2018, argued for reform of family laws of every religion through amendments and codification of certain aspects so as to make them gender-just. Currently, Indian personal law is complex, with each religion adhering to its own specific laws. The exception to this rule is the state of Goa, where all religions have a common law regarding marriages, divorces, and adoption. A UCC would provide for one law for the entire country, applicable to all religious communities, in their personal matters such as marriage, divorce, inheritance, adoption etc. Article 44 of the Constitution lays down that the state shall endeavour to secure a UCC for citizens throughout the territory of India. Article 44 is among the Directive Principles of State Policy. Directive Principles are not enforceable by court, but are supposed to inform and guide governance. Legal experts argue that the Constitution’s framers used the term “uniform” in Article 44 and not “common”. Common means one and the same in all circumstances, while uniform means the same in similar conditions. Even code does not necessarily mean one single law in every circumstance. Different people may have different laws, but the law within a particular group should be uniform. Such a classification is permissible even under the right to equality under Article 14. During the Mohd Ahmed Khan v. Shah Bano Begum and Others (1985) case, the top court exhorted the central government to enact a “common civil code” in the interests of national integration.

Recently in 2023, The 22nd Law Commission of India has decided again to solicit views and ideas of the public at large and recognized religious organizations about the Uniform Civil Code. According to critics, the Law Commission’s decision appears to be a political initiative aimed at bringing the potentially divisive issue under focus. There is a rising demand from all parts of the country for a Uniform Civil Code. But it comes with a set of its own misconceptions. The foremost regarding personal laws is that they are invincible and aren’t subject to judicial review. Thus, people believe that UCC is the only option left after special marriage act which allows only monogamous marriages to filter out all discriminatory practices in personal laws. The truth is all laws whether personal or criminal or financial are judicially reviewable and the judiciary can declare them potentially void if they encroach upon Fundamental Rights.

Q. What distinguishes the term "uniform" from "common" as used in Article 44 of the Indian Constitution, according to the legal experts mentioned in the passage?