President approves Uttarakhand’s UCC Bill

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

President approves Uttarakhand’s UCC Bill

Prelims Only | Polity | Mains Paper 2: Indian Constitution - historical underpinnings, evolution, features, amendments, significant provisions and basic structure

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Governor's Legislative Powers

Mains level: NA

In the news

Under Article 201 of the Indian Constitution, the President gave assent to the ‘Uniform Civil Code Uttarakhand 2024’ Bill passed by the Uttarakhand Legislative Assembly, on March 11 2024.

What is the Uniform Civil Code?

The UCC is mentioned in Article 44 of the Constitution as part of the Directive Principles of State Policy, that the state should work to establish a uniform civil code for all citizens across India.
- However, the Constitution’s framers left it to the government’s discretion to implement the UCC.
Goa is the only state in India with a UCC, following the Portuguese Civil Code of 1867.

What are the SC Observations?

The Supreme Court has emphasized the importance of Governors promptly acting on Bills sent to them for assent after passage by Legislative Assemblies.
Bills should be returned “as soon as possible” to prevent undue delay, with significant constitutional intent behind this directive.

Governor’s Power over State Bills

[I] Article 200:

Article 200 delineates the process for State Legislative Assembly-passed Bills to be presented to the Governor for assent.
The Governor holds the authority to either assent, withhold assent, or reserve the Bill for consideration by the President.
Additionally, the Governor possesses the prerogative to return the Bill to the House or Houses with a message requesting reconsideration.

[II] Article 201:

Article 201 stipulates the procedures concerning Bills reserved for the President’s consideration.
It allows the President to either assent to or withhold assent from the Bill.
If necessary, the President can direct the Governor to return the Bill to the State Legislature for reconsideration.

Governor’s Discretion

The Governor holds several options upon receiving a Bill:

Granting Assent.
Requesting the Assembly to reconsider specific provisions or the entire Bill.
Obligatory reservation for the President’s consideration, especially in cases posing a threat to the state high court or contravening constitutional provisions, DPSP, national interest, or Article 31A regarding compulsory property acquisition.
Although within the Governor’s authority, withholding assent is seldom practiced due to its contentious nature.

Committee Recommendations:

(1) Sarkaria Commission (1987):

It recommended that Governors exercise discretion in reserving Bills for Presidential consideration only in rare cases of unconstitutionality.
Bills should otherwise be processed as per ministerial advice, with a maximum six-month period for Presidential disposition.

(2) Punchhi Commission (2010):

It proposed a six-month timeframe for Governors to decide on Bills presented for assent, emphasizing timely decision-making.

Try this PYQ from CSE Prelims 2016:

Q.Consider the following statements:

The Chief Secretary in a State is appointed by the Governor of that State.
The Chief Secretary in a State has a fixed tenure.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

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