23 Jun 2023 : The Indian Express

Editorial 1: Uniform rights, not laws

Recent Context

• Recently 22nd Law Commission of India has decided to solicit the views of the public and recognised religious organisations about the Uniform Civil Code (UCC). 

About Earlier 21^st law commission on UCC:

• Earlier 21st Law Commission, headed by former Supreme Court judge Balbir Singh Chauhan, held that the “formulation of a Uniform Civil Code is neither necessary nor desirable at this stage”.
• The Commission had commented, “Mere existence of difference does not imply discrimination, but is indicative of a robust democracy”
•  It had noted that most countries are moving towards the recognition of difference in place of legal provisions that are founded on uniformity between culturally diverse people — these are unfair to the weaker and vulnerable sections.

Arguments made by 21^st Law commission:

• It underlined that rather than enacting a UCC, family laws of every religion must be reformed to make them gender-just. It talked about the uniformity of rights, not laws.
• Celebration of diversity must not disadvantage specific groups and “women must be guaranteed their freedom of faith without any compromise on their right to equality”
• Therefore, commission recommend a series of reforms in the personal laws of all religions as well as the secular laws that place women and children at a disadvantage.
• However, Law Commission refrained from making any recommendations on triple talaq, Muslim bigamy or the constitutional validity of adultery under Section 497 of the IPC since these issues were before either the Supreme Court or Parliament.
•  Hence, the most significant of the 21st Law Commission’s recommendations were about the economic rights of women.
• While discussing individual personal law regimes, the Commission criticised the Hindu coparcenary system the Hindu Undivided Family (HUF) property. Its report commented that this system was being used only for tax evasion.

UCC is a step towards women empowerment:

• 21^st Law commission report expressed concern about the discrimination suffered by women in matters of inheritance in all personal laws.
  •  It suggested the codification of the Muslim law of inheritance and succession and bringing in uniform provisions of succession for Shias and Sunnis.
  • It held that succession and inheritance should be based on “proximity to the deceased rather than a preference to male agnates”.
  • Further, a Muslim widow, even if childless, should inherit the property of the deceased as a Class I heir.
• Another property-related matter addressed by the report pertained to the division of matrimonial property upon divorce.
  •  While suggesting that “no-fault divorce” must be introduced in all personal laws, the Law Commission recommended that all property acquired after marriage must be divided between the two parties after the dissolution of a marriage.
• Another important recommendation of the 21st Law Commission was about the rights a person with disabilities has in a marriage.
• The Commission comment about Muslim polygamy:
  • “Although polygamy is permitted within Islam, it is a rare practice among Indian Muslims. On the other hand, it is frequently misused by persons of other religions who convert as Muslims solely to solemnise another marriage.
• On the issue of custody and guardianship:
  • Law Commission stressed that courts must follow the principle of the “best interest of the child”. The report also had several recommendations regarding the rights of Parsi and Christian women and those married under the Special Marriage Act

Conclusion:

• Reforming in Civil Codes is a significant step toward recognising the rights of women, child and vulnerable sections of society in civil affairs. However, diversity should not the lost at the cost uniformity which is an essential tfeature of secular India.

Editorial 2: Chipping away at federalism

Context:

• Federalism is an essential feature of Indian constitution. federalism appear as an antidote to the increasing concentration of power in the hands of a few.

Arguments raised in different dimensions which compromised the federalism of India:

1. First, the introduction of the Goods and Services Tax (GST)

• through the 101st Amendment to the Constitution, GST had a centralising effect.
•  The GST is monitored by a council where the states have only two-thirds voting rights while the Centre holds the remaining third.
•  A decision of the GST Council requires a 75 per cent majority  this effectively gives veto power to the Centre.

2. Lack of regular meetings of Inter-State Council:

• Article 263 of Indian constitution talks about the establishment of an inter-state council to effect coordination between the states and between centre and states.
•  President can establish such a council to discuss or investigate policies, subjects of common interest, and disputes among states.
• But there is lack of regular meeting of Inter-state council and only once the meeting of ISC is held in last 9 years.

3. Third, concern over centrally sponsored schemes:  Scheme such as Swachh Bharat Mission, Pradhan Mantri Awas Yojana, Jan Dhan Yojana and Ujjwala Yojana, As the names of most of these schemes suggest, these initiatives are closely associated with the PM’s personality and advertisements publicising these programmes carry his photograph.

• It undermines the state government’s reach and also investment of certain amount of money while implementing them.

4. Fourth, Lack of consultation with the political parties before taking major decision:

• Major decision such as 21-day “lockdown” during Covid-19 pandemic was taken without consulting chief ministers. Within a few hours of the PM’s announcement, factories had to shut down, means of transportation were suspended. It created hardship for the migrated workers and administrative hurdles for state government.

5. Fifth. politicization of the office of governor:  Governor is a vital link for the centre and state relation  and establish a “living connection” between the states and the Centre  But in the past and current  duration, the constitutional post is  criticised in doing the favour to the party in power

Conclusion:

• Federalism is a significant feature of Indian constitution but should be maintained with letter and spirit. The challenges related to centre-states relation need to be resolved in the domain of constitution.
• There is also need of hour to implement the recommendation of Sarkari and Punchhi commission for further reform in centre-state relation.