Himanta Tutors Rahul On UCC Push In Constitution. Know What The Document Says About UCC, Reservations

Assam Chief Minister Himanta Biswa Sarma has hit out at Congress leader Rahul Gandhi for "not adhering to the original Constitution" that has images of Ram and Krishna.

Assam Chief Minister Himanta Biswa Sarma slammed Congress leader Rahul Gandhi for carrying a 'red' Constitution but "not following what's written in it". He said the 'original Constitution of India' has Ram and Krishna's photo on every page. "The Constitution that Rahul Gandhi carries is red in colour. However, India's Constitution cannot be 'red' because India was not built through a revolution. It was built through civilisation. China's Constitution can be red," he said.

Asserting that it was every citizen's constitutional responsibility to bring in a Uniform Civil Code, Himanta Biswa Sarma said that the Directive Principles of State Policy directs us to implement the same. "Does Rahul Gandhi's Constitution not have the Directive Principles of State Policy? If it does, why does he say that he would strengthen personal laws? Our Constitution explicitly states that there can be no personal law or Sharia," he said.

Himanta Biswa Sarma said people from Other Backward Classes, Scheduled Castes, and Scheduled Tribes should get reservations. "But Muslims should not get reservations via the backdoor. Our Constitution states that reservations must be caste-based and not religion-based... We need 400 seats to end Muslim reservations," he said.

Himanta's statements largely reflect what the BJP and Prime Minister Narendra Modi have been saying amid the ongoing polls. Let's explore what the Constitution says about UCC and the promotion of reservations.

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Directive Principles Of State Policy

First, let us understand what the Directive Principles of State Policy mentioned by Himanta Biswa Sarma are. 

The Constitution of India was not written in a day or even a year. The Constitution of India was the result of studies and examination of several documents, including other Constitutions, published throughout the years in various countries. The concept of Directive Principles of State Policy was introduced in the Spanish constitution first, from where it was borrowed by the Irish.

The makers of the Constitution of India took the idea from the Irish and applied it in the Indian context. The particular section related to the Directive Principles of State Policy is covered by Articles 36-51 under Part-IV of the Constitution of India. 

So what are the Directive Principles of State Policy and why are they important?

The makers of the Constitution inculcated the Directive Principles of State Policy when they accepted certain recommendations of the 30-member Sapru Committee (1945) that sought to resolve issues related to minorities in India. The necessity for such a committee arose because of the split between the Congress and the Muslim League in the 1940s that put a question mark on the future of minorities.

The committee recommended two sets of categories of rights and responsibilities for individuals — justiciable and non-justiciable. the justiciable rights were deemed to be fundamental to every individual, while the latter was categorised under the Directive Principles of State Policy.

The Sapru Committee said the Directive Principles of State Policy must be kept in mind by future lawmakers when formulating policies and enacting laws. The Government of India states: "The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are 'fundamental in governance of the country', and it is the duty of the State to apply these principles in making laws. These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life."

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What Do Directive Principles of State Policy Say About Caste-Based Reservations?

The Constitution states that there are certain principles that must be taken into account by the State [government] while formulating policies. These are the Directive Principles of State Policy.

The Directive Principles of State Policy mention that the State must take care to promote the "educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections". "The state shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation," the principles state.

What Do The Directive Principles of State Policy Say About UCC?

With respect to the introduction of a Uniform Civil Code for citizens, Article 44 of the Constitution says the "State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". This means that the government must make all efforts to introduce a uniform law throughout the nation.

While Part IV of the Constitution says that the State shall, in particular, direct its policy towards securing the above, the 'Fundamental Duties' asks citizens to "value and preserve the rich heritage of our composite culture".