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BJP Issues Whip Asking its MPs To Be Present In Parliament; Triggers UCC Speculations - HW English

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February 12, 2020

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National Politics


BJP ISSUES WHIP ASKING ITS MPS TO BE PRESENT IN PARLIAMENT; TRIGGERS
UCC SPECULATIONS

by News Desk __February 11, 2020

_ARTICLE 44 OF THE CONSTITUTION LAYS DOWN THAT THE STATE SHALL AIM TO
SECURE A UNIFORM CIVIL CODE (UCC) FOR THE CITIZENS THROUGHOUT THE
TERRITORY OF INDIA._

New Delhi| The Uniform Civil Code (UCC) in India Bill, 2020 is said to
be introduced in the parliament on Tuesday, February 11, since BJP has
issued a three-line whip to all its MPs of Rajya Sabha asking them to
be present in the House and support the stand of the government.

The Uniform Civil Code

(UCC) seeks to scrap the separate civil laws applicable for minorities
in religious and cultural affairs.

A Uniform Civil Code is one that would cater one law for the entire
country, applicable to every religious community 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 Uniform Civil Code for the citizens throughout the territory
of India.

ALSO READ: ARTICLE 370 AND 35A WERE THE GATEWAY OF TERRORISM IN INDIA,
SAYS AMIT SHAH


Article 44 is one of the directive principles. These, as defined in
Article 37, are not justiciable (not enforceable by any court) but the
principles laid down therein are fundamental in governance.
Fundamental rights are enforceable in a court of law. While Article 44
uses the words “state shall endeavour”, other Articles in the
‘Directive Principles’ chapter use words such as “in particular
strive”; “shall, in particular, direct its policy”; “shall be
the obligation of the state” etc. Article 43 mentions “state shall
endeavour 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.

An unsigned document listing few pending bills including legislation
on Uniform Civil Code started circulating on Monday evening. Rajya
Sabha secretariat, however, stated that the document may be a fake.
Senior Upper House officials said that no new bill is likely to be
introduced as none has gone through the mandatory listing process.

Tuesday is the last day of the Budget session before it heads for a
break.

Amit Shah BJP
featured
modi
Parliament
PM Modi
RSS UCC
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