💥UPSC 2027,2028 Mentorship (April Batch) + Access XFactor Notes & Microthemes PDF

Type: Prelims Only

  • Judicial Reforms

    Sealed Cover Jurisprudence

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Sealed Cover Jurisprudence

    Mains level: Fair trial issue

    Some Parliamentarians and prominent figures have issued a statement expressing discontent over the Kerala High Court’s verdict upholding the transmission ban on a Malayalam news channel.

    What is the news?

    • The channel went off air as the Centre suspended its telecast over “security reasons”.
    • The High Court’s decision was based entirely on the assessment of documents presented by the MHA in a sealed cover.
    • The contents of which were not shared with the news channel.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation
    2. Details which are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhim Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Criticism of such acts

    • Critics of this practice contend that it is not favorable to the principles of transparency and accountability of the Indian justice system.
    • It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down reasoning for their decisions.
    • Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    How has judiciary responded to this?

    • In the 2019 judgment in the case of P Gopalakrishnan V. The State of Kerala, the Supreme Court had said that disclosure of documents to the accused is constitutionally mandated.
    • This is possible even if the investigation is ongoing and said documents may lead to breakthrough in the investigation.

     

  • International Space Agencies – Missions and Discoveries

    Can dark matter be composed, even partly, of black holes?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Dark Matters

    Mains level: NA

    A recent hypothesis says that dark matter comprises a large number of compact objects such as primordial black holes.

    What are Dark Matters ?

    • Astronomical observations suggest that a significant part of the universe is made up of dark matter which interacts with the rest of the universe only through the gravitational pull.
    • Many large lab experiments have tried to detect elementary particles that could be candidates for dark matter.
    • However, such dark matter particles have not been detected until now.
    • Several astronomical observations suggest that all galaxies are embedded in a “halo” of dark matter.
    • The “visible” galaxy is like a disc embedded in a dark matter halo that is much larger in size.

    What is the recent proposition?

    • When the universe was very young, hot and dense – soon after the Big Bang, it must have had quantum fluctuations of its density.
    • This, in turn, would have caused some regions to become extremely dense, and therefore, to collapse under their own gravity to form the primordial black holes.
    • While we have no conclusive evidence of spotting these objects, some of the binary black hole mergers detected by the LIGO gravitational wave detectors might be primordial black holes.
    • The question is open there is good reason to believe that primordial black holes did form in the young universe.

    Observing dark matter: Gravitational Lensing

    • The paper explores what happens when such objects get in the way of gravitational waves traveling towards the Earth from the distance.
    • It invokes a phenomenon called gravitational lensing that is used regularly in astronomy.
    • When light travels through space and passes near a massive or compact body – a star, a galaxy or a black hole, for example, the intense gravity of that body may attract the light towards it.
    • This causes bending it from its rectilinear (straight line) path.
    • This phenomenon is known as gravitational lensing and was first observed by Arthur Eddington in 1919.

    How intense are they?

    • Massive objects like galaxies can bend light significantly, producing multiple images, this is called strong lensing.
    • Lighter objects like stars or black holes bend light less, and this is called micro-lensing.
    • A similar lensing can happen to gravitational waves travelling towards the Earth, and this would leave signatures in the detected gravitational waves.
    • This can be used to detect the presence, or the existence, of primordial black holes.

    Assessing dark matter

    • Until now, individual black holes have not marked out these signatures on gravitational waves detected by the LIGO-VIRGO detectors.
    • However, if all of the dark matter is made of primordial black holes, they should have produced detectable signatures on the gravitational wave signals.
    • The researchers use the non-observation of the lensing signatures to assess what fraction of the dark matter could be made of black holes.

    Way ahead

    • This provides a new way of constraining the nature of dark matter.
    • The study concludes that black holes in the mass range from a hundred to a million solar masses can contribute only up to 50-80% of the dark matter in the universe.
    • This is an upper limit and the actual fraction can be much smaller.
    • These upper limits will get better and better with more and more observations.

     

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  • International Space Agencies – Missions and Discoveries

    Lucy Mission to probe Jupiter’s Trojan Asteroids

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Lagrange Points, Lucy Mission

    Mains level: NA

    NASA is set to send its first spacecraft to study Jupiter’s Trojan asteroids to glean new insights into the solar system’s formation 4.5 billion years ago.

    Lucy Mission

    • Lucy will fly by eight Jupiter asteroids—seven Trojans and one main-belt asteroid — over the next 12 years.
    • It is NASA’s first single spacecraft mission in history to explore so many different asteroids.
    • Lucy will run on solar power out to 850 million km away from the Sun.
    • This makes it the farthest-flung solar-powered spacecraft ever, according to NASA.

    What is Jupiter Trojan Asteroids?

    • Simply known as Trojans, they are a large group of asteroids that share Jupiter’s orbit around the Sun.
    • Thousands of such asteroids exist in a gravitationally stable space.
    • The swarms lead and follow the planet Jupiter along its orbit around the Sun.

    What exactly are Trojans?

    • Lucy’s Trojan destinations are trapped near Jupiter’s Lagrange (L) points, which are gravitationally stable locations — it is where the gravity from the Sun and from Jupiter cancel each other out.
    • This means their orbits are stable and the Trojans are trapped in the space between.
    • This also means that asteroids are as far away from Jupiter as they are from the Sun.
    • Jupiter’s leading and trailing Lagrangian points (L4 and L5) have been stable over the age of the solar system.
    • This means that their orbits have accumulated many, many asteroids.
    • It makes sense to call a Trojan a co-orbital object, which moves around one of the two stable Lagrangian points.

    When and how were they discovered?

    • It took many a scientist to understand Trojans, and subsequently, name them so.
    • A German astrophotographer in 1906 made an important discovery: An asteroid with a particularly unusual orbit. As Jupiter moved, this asteroid remained ahead of Jupiter.
    • It was observed that the asteroid was nearly 60 degrees in front of Jupiter.

    Students with engineering background would better understand who Lagrange was. Rest need not care.

    Lagrange’s propositions

    • This specific position of a particular behavior was predicted by the Italian-French mathematician Joseph-Louis Lagrange over 100 years earlier.
    • Lagrange had argued that if a small celestial body is placed at one of two stable points in a planet’s orbit around the Sun (the L4 and L5), the asteroid would remain stationary from the planet’s perspective.
    • This is due to the combined gravitational forces of the planet and the Sun.
    • Thus, Lagrange’s prediction acquired credibility. More such asteroids were discovered over subsequent months in Jupiter’s Lagrange point L5.

    Behind the name: Lucy

    • It is the fossil of a hominin that lived 3.2 million years ago.
    • She is known to be one of the most famous pre-human fossils in history.
    • Nearly 40 percent of the fossilized skeleton of this hominin was discovered in 1974 by a team of paleoanthropologists led by Donald Johanson.
    • The name was inspired from the famous Beatles song “Lucy in the Sky With Diamonds,” which Johanson’s team listened to at camp the night of their discovery.

    Back2Basics: Lagrange Points

    • Lagrange points are positions in space where objects sent there tend to stay put.
    • They are named after Italian-French mathematician Josephy-Louis Lagrange.
    • At Lagrange points, the gravitational pull of two large masses precisely equals the centripetal force required for a small object to move with them.
    • These points in space can be used by spacecraft to reduce the fuel consumption needed to remain in position.
    • There are five special points where a small mass can orbit in a constant pattern with two larger masses.

     

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  • Water Management – Institutional Reforms, Conservation Efforts, etc.

    Kerala plans to replace Mullaperiyar Dam

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Mullaperiyar Dam

    Mains level: Not Much

    Kerala plans to build a new dam to replace the 126-year-old Mullaperiyar dam in the Idukki district.

    Mullaperiyar Dam

    • It is a masonry gravity dam on the Periyar River in Kerala.
    • It is located on the Cardamom Hills of the Western Ghats in Thekkady, Idukki District.
    • It was constructed between 1887 and 1895 by John Pennycuick and also reached in an agreement to divert water eastwards to the Madras Presidency area.
    • It has a height of 53.6 m (176 ft) from the foundation, and a length of 365.7 m (1,200 ft).

    Operational issue

    • The dam is located in Kerala but is operated and maintained by Tamil Nadu.
    • The catchment area of the Mullaperiyar Dam itself lies entirely in Kerala and thus not an inter-State river.
    • In November 2014, the water level hit 142 feet for first time in 35 years.
    • The reservoir again hit the maximum limit of 142 feet in August 2018, following incessant rains in the state of Kerala.
    • Indeed, the tendency to store water to almost the full level of reservoirs is becoming a norm among water managers across States.

    The dispute: Control and safety of the dam

    • Supreme court judgment came in February 2006, has allowed Tamil Nadu to raise the level of the dam to 152 ft (46 m) after strengthening it.
    • Responding to it, the Mullaperiyar dam was declared an ‘endangered’ scheduled dam by the Kerala Government under the disputed Kerala Irrigation and Water Conservation (Amendment) Act, 2006.
    • For Tamil Nadu, the Mullaperiyar dam and the diverted Periyar waters act as a lifeline for Theni, Madurai, Sivaganga, Dindigul and Ramnad districts.
    • Tamil Nadu has insisted on exercising the unfettered colonial rights to control the dam and its waters, based on the 1886 lease agreement.

    Rule of Curve issue

    • A rule curve or rule level specifies the storage or empty space to be maintained in a reservoir during different times of the year.
    • It decides the fluctuating storage levels in a reservoir.
    • The gate opening schedule of a dam is based on the rule curve. It is part of the “core safety” mechanism in a dam.
    • The TN government often blames Kerala for delaying the finalization of the rule curve.

     

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  • Capital Markets: Challenges and Developments

    What are Participatory and Non-Participatory Funds?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Participatory and Non-Participatory Funds

    Mains level: NA

    The amendment to Section 24 of the LIC Act, brought prior to commencing the IPO, segregated the previously single ‘Life Fund’ into the participatory and non-participatory fund.

    What are Participatory and Non-Participatory Funds?

    • Under a participatory policy, a policyholder can get a share of the profits of the company.
    • This is received as a bonus. Examples of such products offered by LIC include  Jeevan Labh and  Bachat Plus.
    • No such sharing of profits happens under non-participatory products, which under the LIC fold includes policies such as  Saral Pensionand  Nivesh Plus.
    • As all insurance companies do, LIC also reinvests premium monies that policyholders pay.
    • The profits or surplus that comes about, as a result, was till September last year held in one single fund. This was the Life Fund.
    • The surplus was divided in the 95:5 ratio between policyholders (in the form of bonuses) and shareholders (in the form of dividends).

    What has the Amendment changed?

    • But the amendment to Section 24 of the LIC Act has necessitated the segregation of the Life Fund into participatory and non-participatory funds, depending on the nature of the policies they support.
    • The amendment stipulates terms on how surplus is to be shared with respect to participatory and non-participatory funds.
    • As for non-participating funds, surplus from the non-participating business would be transferred to shareholders.
    • Surplus from participatory business, however, would be shared between policyholders and shareholders.

    How does this change impact the shareholder?

    • The change, especially the one that has enabled 100% of the surplus in non-participatory funds to flow to the shareholder, has led to a massive jump in the Indian Embedded Value, or IEV.
    • IEV is a measure of future cash flows in life insurance companies and the key financial gauge for insurers.
    • The embedded value will help establish the market valuation of LIC and determine how much money the government raises in the flotation.
    • That will be crucial for the government to help meet its divestment targets and keep its fiscal deficit in check.

    Why is it a risk, then?

    • LIC has stated in the document that a significant portion of its business premiums come from participating and single premium products.
    • It added, should the participating products generate lower than expected returns for policyholders, it could lead to increased surrenders.
    • This could also potentially bother their financial condition, operations, and cash flows.

     

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  • Health Sector – UHC, National Health Policy, Family Planning, Health Insurance, etc.

    A miracle cure against HIV

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: HIV/AIDS

    Mains level: Communicable diseases burden on India

    There is considerable excitement in the world of medicine after scientists reported that a woman living with HIV (Human Immunodeficiency Virus) and administered an experimental treatment is likely ‘cured’.

    What is HIV/AIDS?

    • HIV (human immunodeficiency virus) is a virus that attacks cells that help the body fight infection, making a person more vulnerable to other infections and diseases.
    • First identified in 1981, HIV is the cause of one of humanity’s deadliest and most persistent epidemics.
    • It is spread by contact with certain bodily fluids of a person with HIV, most commonly during unprotected sex, or through sharing injection drug equipment.
    • If left untreated, HIV can lead to the disease AIDS (acquired immunodeficiency syndrome).
    • The human body can’t get rid of HIV and no effective HIV cure exists.

    Treating HIV

    • However, by taking HIV medicine (called antiretroviral therapy or ART), people with HIV can live long and healthy lives and prevent transmitting HIV to their sexual partners.
    • In addition, there are effective methods to prevent getting HIV through sex or drug use, including pre-exposure prophylaxis (PrEP) and post-exposure prophylaxis (PEP).

    What is the new breakthrough?

    • US researchers have described the case of a 60-year-old African American woman who was diagnosed with an HIV infection in 2013.
    • She was started on the standard HIV treatment regimen of anti-retroviral treatment (ART) therapy consisting of tenofovir, emtricitabine, and raltegravir.
    • She was given cord blood, or embryonic stem cells, from a donor with a rare mutation that naturally blocks the HIV virus from infecting cells.
    • She was also given blood stem cells, or adult stem cells, from a relative.

    What actually worked?

    • The adult stem cells boosted the patient’s immunity and possibly helped the cord blood cells fully integrate with the lady’s immune system.
    • Now she has no sign of HIV in her blood and also has no detectable antibodies to the virus.
    • Embryonic stem cells are potentially able to grow into any kind of cell and hence their appeal as therapy, though there is no explanation for why this mode of treatment appeared to be more effective.

    Is this treatment the long-sought cure for AIDS?

    • Not at all. While this approach is certainly a welcome addition to the arsenal of treatments, stem cell therapy is a cumbersome exercise and barely accessible to most HIV patients in the world.
    • Moreover, this requires stem cells from that rare group of individuals with the beneficial mutation.
    • Anti-retroviral therapy, through the years, has now ensured that HIV/AIDS isn’t always a death sentence and many with access to proper treatment have lifespans comparable to those without HIV.
    • A vaccine for HIV or a drug that eliminates the virus is still elusive and would be the long-sought ‘cure’ for HIV/AIDS.

    What is the prevalence of HIV/AIDS in India?

    • As per the India HIV Estimation 2019 report, the estimated adult (15 to 49 years) HIV prevalence trend has been declining in India since the epidemic’s peak in the year 2000 and has been stabilizing in recent years.
    • In 2019, HIV prevalence among adult males (15–49 years) was estimated at 0.24% and among adult females at 0.20% of the population.
    • There were 23.48 lakh Indians living with HIV in 2019.
    • Maharashtra had the maximum at 3.96 lakh followed by Andhra Pradesh (3.14 lakh) and Karnataka.
    • ART is freely available to all those who require and there are deputed centers across the country where they can be availed from.

     

     

  • Food Safety Standards – FSSAI, food fortification, etc.

    What are Eat Right Campuses?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Eat Right Movement

    Mains level: Food habits and prevalence of NCDs

    Four police stations of New Delhi district have been certified as ‘Eat Right Campus’ by the Food Safety and Standards Authority of India (FSSAI).

    Eat Right Campus

    • Eat Right India is a flagship mission of FSSAI, which aims at ensuring that the citizens of the country get safe and nutritious food.
    • The ‘Eat Right Campus’ initiative led by FSSAI aims to promote safe, healthy and sustainable food in campuses such as schools, universities, colleges, workplaces, hospitals, tea estates etc. across the country.
    • The objective is to improve the health of people and the planet and promote social and economic development of the nation.
    • The initiative is not mandatory to adopt.

    Evaluation Criteria

    • Benchmarks have been created on four different parameters based on which campuses are evaluated and certified as ‘Eat Right Campus’.
    • These parameters include
    1. Food safety measures, steps to ensure the provision of healthy, Environmentally sustainable food, and Building awareness to make the right food choices.
    2. These practices include mandatory steps such as licensing and registration of food service providers in the campus and compliance to food safety and hygiene standards as per Schedule 4 of the Food Safety and Standards (FSS) Act, 2006.

    Benefits of Eat Right Campus

    • It can provide immense benefits to the campus and the individuals on the campus not only in terms of health but also economics.
    • Safe, healthy, and sustainable food on the campus would reduce the incidence of food-borne illnesses, deficiency diseases, and non-communicable diseases among the people on the campus.
    • This means less absenteeism and loss of working hours and greater wellbeing, motivation, and productivity of people.
    • This would also reduce the burden of healthcare costs for the workplace, institution, hospital, jail, or tea estate.

    Back2Basics: Food Safety and Standards Authority of India (FSSAI)

    • The FSSAI is an autonomous body established under the Ministry of Health & Family Welfare, Government of India.
    • It has been established under the Food Safety and Standards Act, 2006 which is a consolidating statute related to food safety and regulation in India.
    • It is responsible for protecting and promoting public health through the regulation and supervision of food safety.
    • It is headed by a non-executive Chairperson, appointed by the Central Government, either holding or has held the position of not below the rank of Secretary to the Government of India.

     

     

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  • Modern Indian History-Events and Personalities

    In news: Tarapur Massacre of 1932

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Tarapur Massacre of 1932

    Mains level: NA

    Bihar CM has announced that February 15 would be celebrated as “Shahid Diwas” in memory of the 34 freedom fighters who were killed by police in Tarapur town of Bihar’s Munger district 90 years ago.

    Why such move?

    • The Tarapur massacre was the biggest carried out by the British police after the one in Jallianwala Bagh in Amritsar in 1919.
    • The freedom fighters had never got their due, the CM said.
    • PM Modi too had referred to the Tarapur massacre in his Mann ki Baat radio address of January 2021.

    Tarapur Massacre: Course of events

    • On February 15, 1932, a group of young freedom fighters planned to hoist an Indian national flag at Thana Bhavan in Tarapur.
    • Police were aware of the plan, and several officers were present at the spot. Around 2 pm, even as the police carried out a brutal lathicharge, Gopal Singh succeeded in raising the flag at Thana Bhavan.
    • A 4,000-strong crowd pelted the police with stones, injuring an officer of the civil administration.
    • The police responded by opening indiscriminate fire on the crowd.
    • After about 75 rounds were fired, 34 bodies were found at the spot, even though there were claims of an even larger number of deaths.

    Trigger for protest

    • The hanging of Bhagat Singh, Sukhdev, and Rajguru in Lahore on March 23, 1931, sent a wave of grief and anger around the country.
    • Following the collapse of the Gandhi-Irwin Pact, the Mahatma was arrested in early 1932.
    • The Congress was declared an illegal organization, and Nehru, Patel, and Rajendra Prasad were also thrown in jail.
    • In Munger, freedom fighters Srikrishna Singh, Nemdhari Singh, Nirapad Mukherjee, Pandit Dasrath Jha, Basukinath Rai, Dinanath Sahay, and Jaymangal Shastri were arrested.
    • A call given by the Congress leader Sardar Shardul Singh Kavishwar to raise the tricolour over government buildings resonated in Tarapur.

     


    Back2Basics:

    https://www.civilsdaily.com/news/explained-jallianwala-bagh-massacre/

     

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  • Modern Indian History-Events and Personalities

    Who was Tilka Manjhi?

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Tilka Manjhi

    Mains level: Tribal Revolts during colonial times

    The Nation is remembering revolutionary freedom fighter and tribal leader Tilka Manjhi on his 272nd birth anniversary.

    Tilka Manjhi (1750-1785)

    • He organized Adivasis into an army and led the famous Santhal Hool in 1784 against the exploitative British.
    • In 1770, there was a severe famine in the Santhal region and people were dying of hunger.
    • Tilka Manjhi looted the treasury of the East India Company and distributed it among the poor and needy.
    • Inspired by this noble act of Tilka, many other tribals also joined the rebellion.
    • With this began his Santhal Hool, the revolt of the Santhals.
    • He continued to attack the British and their sycophantic allies.
    • From 1771 to 1784, Tilka Manjhi never surrendered.

    Offensive with the colonists

    • Tilka Majhi attacked Augustus Cleveland, an East India Company administrator and fatally wounded him.
    • The British surrounded the Tilapore forest from which he operated but he and his men held them at bay for several weeks.
    • When he was finally caught in 1784, he was tied to the tail of a horse and dragged all the way to the Collector’s residence at Bhagalpur, Bihar, India.
    • There, his deeply wounded body was hung from a Banyan tree.

    Try this question from CSP 2018:

    Q.After the Santhal uprising subsided, what was/ were the measure/measures taken by the colonial government?

    1. The territories called ‘Santhal Paraganas’ were created.
    2. It became illegal for a Santhal to transfer land to a non Santhal.

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 only

    (c) Both 1 and 2

    (d) Neither 1 nor 2

     

    Post your answers here.

     

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  • Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

    Back in debate: Uniform Civil Code

    Note4Students

    From UPSC perspective, the following things are important:

    Prelims level: Various articles mentioned in news

    Mains level: Need for UCC

    Poll-bound Uttarakhand CM’s announcement to prepare a draft of the Uniform Civil Code (UCC) in the State, raises questions over whether an individual State can bring its own family law code.

    What is a Uniform Civil Code?

    • A Uniform Civil Code is one that 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, one of the directive principles of the Constitution lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.
    • These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

    Why need UCC?

    • UCC would provide equal status to all citizens
    • It would promote gender parity in Indian society.
    • UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
    • Its implementation would thus support the national integration.

    Hurdles to UCC implementation

    • There are practical difficulties due to religious and cultural diversity in India.
    • The UCC is often perceived by the minorities as an encroachment on religious freedom.
    • It is often regarded as interference of the state in personal matters of the minorities.
    • Experts often argue that the time is not ripe for Indian society to embrace such UCC.

     UCC vs. Right to Freedom of Religion

    • Article 25 lays down an individual’s fundamental right to religion;
    • Article 26(b) upholds the right of each religious denomination or any section thereof to “manage its own affairs in matters of religion”;
    • Article 29 defines the right to conserve distinctive culture.
    • An individual’s freedom of religion under Article 25 is subject to “public order, health, morality” and other provisions relating to FRs, but a group’s freedom under Article 26 has not been subjected to other FRs.
    • In the Constituent Assembly, there was division on the issue of putting UCC in the fundamental rights chapter. The matter was settled by a vote.
    • By a 5:4 majority, the fundamental rights sub-committee headed by Sardar Patel held that the provision was outside the scope of FRs and therefore the UCC was made less important.

    Enacting and Enforcing UCC: A reality check

    • Fundamental rights are enforceable in a court of law.
    • While Article 44 uses the words “the state shall endeavor”, other Articles in the ‘Directive Principles’ chapter use words such as “in particular strive”; “shall, in particular, direct its policy”; “shall be an obligation of the state” etc.
    • Article 43 mentions “state shall endeavor by suitable legislation” while the phrase “by suitable legislation” is absent in Article 44.
    • All this implies that the duty of the state is greater in other directive principles than in Article 44.

    What are more important — fundamental rights or directive principles?

    • There is no doubt that fundamental rights are more important.
    • The Supreme Court held in Minerva Mills (1980): Indian Constitution is founded on the bedrock of the balance between Parts III (Fundamental Rights) and IV (Directive Principles).
    • To give absolute primacy to one over the other is to disturb the harmony of the Constitution.
    • Article 31C inserted by the 42nd Amendment in 1976, however, lays down that if a law is made to implement any directive principle, it cannot be challenged on the ground of being violative of the FRs under Articles 14 and 19.

    What about Personal Laws?

    • Citizens belonging to different religions and denominations follow different property and matrimonial laws which are an affront to the nation’s unity.
    • If the framers of the Constitution had intended to have a UCC, they would have given exclusive jurisdiction to Parliament in respect of personal laws, by including this subject in the Union List.
    • But “personal laws” are mentioned in the Concurrent List.

    Various customary laws

    • All Hindus of the country are not governed by one law, nor are all Muslims or all Christians.
    • Muslims of Kashmir were governed by a customary law, which in many ways was at variance with Muslim Personal Law in the rest of the country and was, in fact, closer to Hindu law.
    • Even on registration of marriage among Muslims, laws differ from place to place.
    • In the Northeast, there are more than 200 tribes with their own varied customary laws.
    • The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
    • Even reformed Hindu law, in spite of codification, protects customary practices.

    Minority opinion in the Constituent Assembly

    • Some members sought to immunize Muslim Personal Law from state regulation.
    • Mohammed Ismail, who thrice tried unsuccessfully to get Muslim Personal Law exempted from Article 44, said a secular state should not interfere with the personal law of people.
    • B Pocker Saheb said he had received representations against a common civil code from various organizations, including Hindu organizations.
    • Hussain Imam questioned whether there could ever be uniformity of personal laws in a diverse country like India.
    • B R Ambedkar said, “no government can use its provisions in a way that would force the Muslims to revolt”.
    • Alladi Krishnaswami, who was in favor of a UCC, conceded that it would be unwise to enact UCC ignoring strong opposition from any community.
    • Gender justice was never discussed in these debates.

     Conclusion

    • Article 44 of the Constitution creates an obligation upon the State to endeavour to secure for citizens a Uniform Civil Code throughout the country.
    • The purpose behind UCC is to strengthen the object of “Secular Democratic Republic” as enshrined in the Preamble of the Constitution.
    • This provision is provided to effect the integration of India by bringing communities on the common platform on matters which are at present governed by diverse personal laws.
    • Hence UCC should be enforced taking into confidence all the sections of Indian society.
    • Goa’s Portuguese Civil Code of 1867 is an example of a common family law existing in harmony.

     

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